RE-TRIAL SOUGHT

Evening Post, Volume CI, Issue 50, 28 February 1921, Page 8

RE-TRIAL SOUGHT

TARANiAKILAND CASE.

■ A motion for a new trial was heard by Mr. Justice Hosking to-day in the case of George Henry Qninn, Mokoia, .farmer, v. Alfred Benjamin Catchpole, j Ohaupo, farmer. At the original trial before Mr. Justice Hosking and a jury at New Plymouth, the jury found for the plaintiff on all the issues alleging misrepresentation in the, sale of defendant farm at Mokoia to the plaintiff. Damages were awarded plaintiff in the -amount- of £1086, the amount claimed being £3500. The case''was a sequel;to the .recent land boom. ''The plaintiff, under the representations of the defendant, purchased defendant's farm at Mokoia for £86 per acre. The defendant, it was submitted, represented that' the . farm' would carry 35 head of- milking, stock on the flat and winter 50 head of j stock. Plaintiff ' estimated that the greatest number of cows that could be carried was 25. The case for the appellant'was that'a're-trial should be grant-: ed on the-grounds that the verdict of the jury was against the weight of evidence, that the damages were excessive, a-nd the jury, were misdirected. Mr. A. . Blaii> appeared for defendant in support of the application for a retrial, Mr. T. Young opposed on behalf of the plaintiff. ( . . (Proceeding.)