FARMER LOSES CLAIM.

Auckland Star, Volume LXII, Issue 291, 9 December 1931, Page 10

FARMER LOSES CLAIM.

DISPUTE OVER XiAWSAUB. dONTRAOT JUDGE. Judgment for the defendant -was given by Mr.'Justice Smith, in iie Supreme Court yesterday in a farm sale dispute from Waipapa, North Auckland. Plain: tiff was Walter Henry Knight and defendant was Arthur Edward White, from whom the plaintiff had purchased a farm of 93 acres in September, 1929. His Honor said the plaintiff claimed rescission of the contract to purchase and alternatively sued for damages on grounds of misrepresentation. There was a direct conflict of evidence on.the question of whether the brown top on the property was a good dairying grass; The defendant eaidhe stated that brown top was a good secondary; grass, and that : it would require other grasses to be grown with it for milking cows. "While I think the plaintiff has been unfortunate, he cannot succeed," said his Honor. "He might have studied his own interests better if in March, 1930, when he first found his property was not what had been represented, he had immediately rescinded and chosen to. rely on innocent misrepresentation. The result is he cannot get rescission because he has delayed too long and cannot get damages because he has not proved fraud." ' Th« action was dismissed with costs to the defendant. • ; An order for specific performance of the contract was made on a counterclaim brought by the defendant.