CHARGES WITHDRAWN

Evening Post, Volume CIII, Issue 124, 29 May 1922, Page 2

CHARGES WITHDRAWN

A MISUNDERSTANDING.

'The;, cml; .aijtion,, Jacob. Henry Lory , y. Frederick, Spencer Easton, in regard", to the purchase of ai" big farm property at Ohau, came to an unnstial ending at, the* Supreme Court- this inorning.; Plaintiff ; based, his claim", foi-'l damages, £4000 "■under one head, or JEl^OOO"* under an '

alternative -head, , chiefly upon the ground that the agents of the defendant had made certain misrepresentations as to the carrying, capacity of th© land to induce him to take over the property, but this morning his counsel, Sir John Findlay, said that wbile defendant con-: ceded that the action had been brought by plaintiff in good faith and on information. which apparently justified him in Bringing it, after hearing the evidence' before the Court, plaintiff now elected to take a non-suit. Mr. M. Myers, for the^ defendant, said that he had authority, from his client to waive further action. ■■'■!'.!.■

Ris Honour Mr. Justice Salmbnd said that the. settlement was a proper one under the particular circumstances, of the case. It was evident that it was impossible for the plaintiff to succeed in the action and the agreement Was a very proper one ofi the part 6t both parties.

Mr. Myers remarked that there was not in '• actual fact a settlement. ->i

His Honour* again remarked that the conduct of both parties was most satis-, factory. . _ . , , .. _ L

By arrangement between the parties the Court made mio order as to costs.