FATHER'S CLAIM.

Auckland Star, Volume LXVI, Issue 139, 14 June 1935, Page 9

FATHER'S CLAIM.

SON TO PAY £1000. COUNTER-CLAIM UPHELD. Judgment was, given by Mr. Justice Fair at the Supreme Court yesterday afternoon in the claim ,for £1000 brought by Edward Allen (Mr. Xoith), retired farmer} formerly of Cambridge, agaiiifit his eon, Clifford Thornton Allen (Mr. Grant), farmer, of Okoroire. The claim was made in respect of an agreement for the purchase of a farm in 1!528, but the son contended that there w'as an oral arrangement that it should be,cancelled if he bought and sold stock for his father and supervised properties which he owned in Cambridge and Hora T hora. For that work the son counterclaimed for £1359.

In his judgment his Honor said he would not find that anything the father had said conveyed the impression that if the son Clifford continued purchasing stock for him, he (the father) would not claim payment of the £1000. "I think there was an understanding that the father would pay by way of wages, for services rendered him bv the son, botli in the purchase and sale of stock and the management of two farms, a,nd I think" the son is entitled to be paid. I don't know that the defendant purchased all the stock he says he did, as no bpoks were kept. The conclusion I have arrived at is,that plaintiff is entitled to succeed on the claim for £1000. Defendant ie entitled to quantum ineruit, principally for buying stock, in a lesser degree for selling etoek, and to a still lesser degree for his supervision or the two farms. His Honor deferred entering judgment pending counsel coming to an agreement as to the amount the son wa3 entitled to.