PURCHASE OF PROPERTY

Greymouth Evening Star, 16 May 1934, Page 5

PURCHASE OF PROPERTY

MISniSrniSSUNTATtON ALLEGED. [PER PRESS ASSOCIATION.J INVERCARGILL, May 15. Alleging misrepresenlaton on a number of vital points, in regard, to Hie purchase in 11)2!) of a property of 1)11)7 acres fit Mossburn, known as ! Managround Station, John MacDonald of Manapouri, sheep farmer, and Archibald Allan MacDonald, of Waipori, sheep farmer (Mr J. M. Paterson), in the Supieme Court, this morning, before Mr Justice Kennedy, claimed from John MacDonald, of Invercargill, company manager, and Angus MacDonald, of fi’lie Plains Station, Mossburn (Mr H. J. Mac Alister) the sum of £5OOO damages, being the amount which they contended they had paid in excess of the real value.

Plaintiffs contended that as the result. of their reliance upon alleged representations which they had believed to be true, they had paid £5OOO too much for the property. Plaintiffs took possession on September 1, 11)29, and still remain in possession of the property. The statement, of defence was a denial of the allegations of misrepresentation. Defendants admitted that they agreed to reduce the purchase price by £2500 and that no interest should bo paid until February, 1933, but denied that they agreed to consider a further reduction in respect of the balance of £2500 at any time. They agreed, however, Io consider the question of further concession in interest. in February, 1.933, if prices for primary products had not then improved. As a further defence, defendants set out that they were and had always been willing to implement tho agreement by the execution of documents necessary to give effect thereto, and finally that if (which they denied) plaintiffs had good cause for action against defendants, this had been satisfied by the arrangement entered into, which had' been accepted by plaintiff in satisfaction of the alleged cause of action. After hearing lengthy evidence the Court adjourned till to-morrow.