PROPERTY PURCHASE DISPUTE

Evening Star, Issue 21721, 16 May 1934, Page 14

PROPERTY PURCHASE DISPUTE

CLAIM OF £5,000 [Per United Press Association.] INVEHCARGILL, May 15. Alleging misrepresentation on a number of vital points in regard to the purchase in 1929 of a property of 9,497 acres at Mossbuni known as Manapoun Station, John MacDonald, of Manapoiiri, a sheep farmer, and Archibald Allan MacDonald, of Waipori, a sheep fanner (Mr J. M. Paterson, Dunedin), in the Supreme Court this morning, before Mr Justice Kennedy, claimed from John .MacDonald, of Invercargill, company manager, and Angus MacDonald, of the Plains Station, Mossbuni (Mr H J. Mncalister), the sum of £5,000 damages, being tile amount which they contended they had paid in excess ol tlie real value. Plaintiffs contended that as a result of their reliance upon representations which they had lehcved to be true they had paid £5.000 too much for the property. Plaintiffs took possession on September 1, 1929, r.i.d still remained in possession of i lie property. The statement of defence was a denial of tlie allegations of misrepresentation. The defendants admitted that they agreed to reduce the purchase price by £2,500. and that no interest should he paid until February, 1933, but they denied that they agreed to consider a further reduction in respect of the balance of £2,500 at any time. They agreed, however, to consider the question of a further concession in interest in February, 1933, it the prices for primary product? had not then improved. As a further defence, the defendants set out that they were and had always been willing to implement the agreement by the execution of the documents necessary to give effect thereto, and finally that if (which they denied) plaintiffs had a good cause for action against the defendants this had been satisfied by the arrangement entered into which had been accepted by the plaintiffs in satisfaction of the alleged cause of the action.

After hearing lengthy evidence the court adjourned till to-morrow.