DISPUTE OVER FARM

Auckland Star, Volume LXXVI, Issue 251, 23 October 1945, Page 6

DISPUTE OVER FARM

EXERCISE OF OPTION DAMAGES TO PLAINTIFF The adjourned hearing of the disnite in which Hector McLean Lopes, "armer (Mr. Baeyertz), proceeded igainst William Frederick Mayhill, Trocer (Mr. Jenkins) was continued before Mr. Justice Callan in the Supreme Court to-day. Plaintiff claimed that in March 935 he had been leased at £1 a year for the second'five years a property of 128 acres at Tairua in the Whitianga district for ten years with the option to purchase. He "laimed that he had improved the property considerably, and that defendant transferred it to his son who sold it for £370 in 1943 before plaintiff's lease expired. Plaintiff lad since offered defendant the purchase price agreed on when the lease was signed, £192. Defendant alleged that plaintiff had abandoned the property, and that the rent which lie claimed to be £1 a week, was in arrears.

For plaintiff, John Grey, land agent, valued the land and improvements at £725, and Harold A. CoryWriglit, farmer, placed the value at £650. Called for defendant, Edwin P. Overy, land valuer, and Hugh K. Jones, farm valuer, were of opinion that £370 was a very good price for the property.

His Honor said he was satisfied plaintiff was entitled to damages. The agreement was remarkable in that it stated the rent at £1 for the second five years. Plaintiff said it meant £1 a year, and defendant said it meant £1 a week. The evidence did not make clear to the Court what was the actual truth. Further, the lease agreement had none of the usual clauses governing the working of the land or the exercise of the option. No doubt defendant honestly felt the place had been abandoned, but plaintiff's neglect of the place did not lose him his rights under the terms of the remarkable lease. Judgment would be awarded plaintiff for £150 against W. F. Mayhill and W. E. Mayhill, father and son, with costs as per scale.