SALE OF FARM

Evening Post, Volume CIX, Issue 93, 22 April 1925, Page 5

SALE OF FARM

DISPUTE AS TO CAPACITY.

n ,V'? r Vu]i Court, consisting o f the Chief Justice (Sir Robert Stout) ad Messrs. Justice Reed, Adams, and Ostier, is:>.otigaged to-day in hearing an Invercargill case concerning a property sale ihe parses are Thomas Vernon Wilkinson and Frederick Johnson Alexander, appellants, represented by Messrs. J. B. Callan and H. Macalister, against Robert Hugh Bisset, represented by Mr Skerrett, K.C. and Mr. A. B. Haggitt, In the Supreme Court action Bisspt claimed £316 19, 3d as interest tho allegation being that Wilkinson and -Yle-*----ander agreed to purchase a property In paid £2000 deposit, and agreed to pay the balance five years later, together with interest at 5A per cent., the interest bein* payable half-yearly. The claim was for the last half-year o.f tho five vwrs' neriod. *■ . l The defence was that the defendant, had been .adwjfed _ tbat tho property would carry 2000 sheep. He alleged that the carrying capacity was only 1500 \ counter-claim was made ior region o'; tho confrm-t to pnvchasu ana rel) and damages £SGOO for fraudulent Inis . e * £ sciitnlinii. * Alexander retired from fi-e n-inn-ship i:i 1927,. 1-.in^-lii his judgment Mr. .Tuslieo Si"-, s i-t «d thaf defendants were not r.vsti'in-I"?n regarding anything .aid by 'W as being any more lh;.n an expression cA liis opinion. He was satisfied that J3is?et had been honest. He considered that th» .-Jcfendnnts had not demonstrated the car" rying capacity as (ney „!,n,,ld have been j able to do, nnd tho position ven-ainuci in doubt. .Ofi'cialaiifs had fMled l 0 I prove that l!,e farm, if pr0per1y',.,.,,,,.,;,. 1 ed ; was not wip;iblc m carryin- 20CO ! sheep. JuilKiiient was given in lavour of Bisset in chiim und counter-daim.'' This tlocioiy;i wiiH appealed from; jutiijtly ou .tha facta of tie .fiase.