THE COURTS.

Press, Volume LIV, Issue 16299, 24 August 1918, Page 6

THE COURTS.

SUPBEME COURT.

CIVIL SITTINGS. (Before his Honour Mr Justice Herdman.) CLAIM FOR SPECIFIC PERFORMANCE. The hearing was resumed of the case in which Edward Fullarton Dorman (Mr Beswick) claimed specific performance by George Herman Tobeck (Mr Wilding, K.C., with him Mr Gresson) of a contract to buy cortain land at iStaveley. Defendant gave evidence respecting, the negotiations, and stated that Austin had described tho place as "a roal good dairy farm,'' and >vnei asked if it would grow wheat, Austin said that it would grow magnificent wheat—he "could grow wheat there 10 his heart's content." But tor his tiseovery that the land was diseased witness would have tried his level best to carry out his contract, To his Honour: It was finding out the disease on the property, and not his inability to finance the purchase, that affected him most not to go on with tho. purchase. To Mr Beswick: He was first told about the disease by Mr .Shand, manager in Christcliurch for Wright,' Stephenson and Co.; later he heard about it from Mr G. Cormack, of Methven. About fourteen days after entering into the contract to purchase the land he heard about t.he disease. His Honour: "Why did you not make reference to tho disease in the letters you sent to plaintiff instead, of stating that it was your inability to finance the purchase that was the reason why yon did not wish to proceed ? Witness: I didn't want him to know that I knew about the disease in order to avoid being asked awkward questions as to how I came to know about itReplying further to Mr Beswick, witness stated that Dorman told him on May 10th that if ho (witness) could get Rogatski to stay on the place ho (Dorman) would let witness "out on forfeiture of the £250 deposit. On May 11th witness, under protest, he said, gave Austin authority to sell the place on his behalf.

To his Honour: When he inspected the place he was quite satisfied that he was getting value for his money at £36 per acre. During the inspection no ono told him about the disease.

Evidence in support of the defendant's case was given by Emest and John Wallace, George Cormack. W. R. Devereux, Wm. M. Shand, aud R. B. Ward. ■

Mr "Wilding stated that he had another witness who would not he available till Monday. Mr - Bcswick called evidoncc in rebuttal. John Evelyn Austin, land agent.' stated that at. auction the land was bid for at £29 10s per acre, and he had offered £30, with £3000 cash. He knew all along about the disease that affected the cattle. According to his opinion the trouble was that the cattle in the yard got mud round their legs, and when thoir skin got • bruised the filth in the yard caused the symptoms described. Ho had never known of a cow or bullock being affected unless it went throueh the cow yard. When he offered £30 per acre he knew about tho disease. He might have told Tobork that ho. (witness) did not see any reason why it should not grow wheat, but that he would not recommend it for wheat. He reckoned that tho land was well worth £36 per acre: ho was absolutely certain that he could make it pay at a rental of 36s per acre by fattening storo cattle. He never told To-ber-k that it would carry 500 or 600. bullocks: to a farmer such a statement was ridiculous.

To bis Honour: In "his opinion the latir) was suitable for dairy farming. '! .Tbo further hearing was adjourned tijl Monday.. . ' >

MAGISTERIAL. (Before* Mr S. E. McCarthy, S.M.) DRUNKENNESS. Arthur Thomas Cox, charged with drunkenness, and with a broach of his prohibition order, was fined 20s, in default seven days' imprisonment on the second charge, and convicted and discharged on tho other. • DISMISSED. Alexander Russell (Mr Hunter) was charged with stealing a bicycle, valued at £5 6s, the property of R. H. French. It was proved that defendant had, nothing to do with the-taking of tho bicycle, and tho .information was dismissed. Robert Weir Richards (Mr Bpoker) was charged that, being an # unlicensed alien he had been employed in work on a ship, the s.s. Canopus, contrary to tho War Regulations. Tho charge hinged on whether the defendant was an American or a British subject,, and the Magistrate held that he was the latter, and dismissed the information. BY-LAW BREACHES. For cycling on the footpath, William Rodda, 'William McFarlane, James A. Bull, Alfred Martin, Richard H. EmerFon, Thomas Philips, "John Pierce, Edward Mariner, Frederick C. Jenkin, John M. Templeman, and Charles W. Hill, were each fined 10s and costs. Henry Baker, Kitson Minstrom, and Clive Lamb wore each fined 10s and costs . for cycling at night without lights. R. O. Lindsay, for having left a motor-car in the street at night without lights, was: fined 20s and costs.. For having motored too fast over the Bank of New Zealand crossing, Thomas Aspell was. fined 20s and costs._ For riding a motor-cycle without a silencer, Robert J. Barratt was fined 20s and costs. . For turning a corner on- his wrong side, Samuel Halligan was fined 10s and William H. Williamson (Mr Otley) was fined £1 and costs for motoring at an excessive speed, and a similar amount'for driving a car at night without lights. William Shaw and Thomas Richard Smith were each fined os and costs for allowing chimneys to catch on fire. A similar charge against L. B. Andrea was dismissed. ILL-TREATING PIGS. Alexander Inglis was charged with having failed to supply two pigs with proper food, water, and shelter. He admittod the third charge, but denied the other two. After the evidence of the inspector for the S.P.C.A,. and the polic© h«id been hsurdj dsfGnd&nt convictod on all three charges, fined £5 and costs on the first, in default one month's imprisonment. Mr L A.. Dougall appeared for tho S.P.C.A. ASHBURTON. (Before Mr V. G. Day,. S.M.) For exceeding the speed limit Charles Henrv Samuels was fined 10s, and Daniel McDonnell, Arnold Pierce, and Frank Looms each 20s. ' / Harry A. Ayfon, motor mechanic, appeared on a charge of failing to register under the Military - Service Act. The case was adjourned till September ■ , i • v Judgment was given for plaintiff by default in the following civil cases:— Daniel O'Connor Brick v. Henare Whakatau Uru, claim £23; Arthur Pawsey v. F. Harris, claim £41 os; Arthur Weaver r. G. H. Kaan, claim £28 13s. ! NEW PLYMOUTH CRIMINAL SESSIONS. (press association ' NEW PLYMOUTH, August 23. j At tho Supreme Court to-day, Nor- | man Henry Ward, for indecent assault, '

was sentenced to four years' reformative treatment at Invercargill. George Fitzgerald, for assaulting a constable, was ordered to come up for sentence if called, upon. Harry Ernest Williams, a Norfolk Islander, for carnally knowing a young, girl, was sentenced to four years' imprisonment with hard labour on each of three charges, the sentences to be concurrent. He'received an additional year on a further count, and was also declared an Habitual criminals