A LAND DEAL

Evening Post, Volume C, Issue 47, 24 August 1920, Page 9

A LAND DEAL

CLAIM AND COUNTER-CLAIM FOR DAMAGES.'

■ (31 TELEGRAPH.—PRESS ASSOCIATION.) CHRISTCHUECH, 23rd August. The civil sittings of/ the Supreme Court opened to-day. Thefirst case set down for hearing was an action brought by Peter.Dewar Bdag, farmer, of Christ, church, against Arthur Daniel Kennedy, land agent, Wellington, plaintiff claiming £2098 19s Id, made up as folloVs:— £1535 16s damages i oi alleged false arid fraudulent statements made by the defendant, namely, that certain stock at Mount Whitnow (Okuku) sold to plaintiff had been valued at £6500, whereas, the valuation was £4964 4s; £313 3s Id, the difference between a- certain sum said to be owing to the New Zealand Farmers' Co-operative Association and the amount actually owing; and £250 for the defendant's delay in carrying through the contract. Defendant lodged a counter-claim for £5500 damages and interest, "alleging that plaintiff-had. stated that) on a property to be taker in part payment for Mount Whitnow there were encumbrances amounting to £5025; that his equity was of the value of £5955, and that He had paid £47 per acre for the land. Such statements defendant alleged, wore false and fraudulent in that, in addition to the aggregate principal sum of £5025 interest was greatly, in arrears; and the first mortgagee had applied for leave to sell and subsequently did so for a sum less than, the amount of the first mortgage. The property, defendant claimed, was not ol tho value alleged by plaintiff, and was not worth the amount of the mortgages (£5025) on it. Defendant also alleged that plaintiff had not, as he had stated, paid £47 an aero for the property; that by reason of alleged fraudulent representation the defendant was induced- to part with the Mount Whitnow property to the plaintiff for £5500- less than it was worth, and he therefore claimed that amount' with \ interest. j The case is not concluded.