TAPAPA FARMING DISPUTE.

Matamata Record, Volume XVI, Issue 1444, 24 July 1933, Page 4

TAPAPA FARMING DISPUTE.

PLAINTIFF NON-SUITED.

Claim Against Former Partner.

The greater part of the sitting of the Putaruru Magistrate’s Court on Friday was taken up by a claim for £297 made by William Edward Atkins against Edward Newman, of Tapapa, in respect of alleged-' breaches of a . .verbal agreement in *' connection with the conduct of a farm at Tapapa. Plaintiff claimed that he and defendant contracted to engage in farming operations for a period of not less than two years, plaintiff to provide the cows and to do the woi'k. The claim was greatly involved, and a halt was called by the Magistrate, Mr. S. L. Paterson, S.M., when Atkins was being crossexamined. The Magistrate asked Mr. Mason, who appeared for plaintiff, if it was of any use going on after plaintiff’s admissions. Mr. Mason said he had other witnesses.

Continuing, the Magistrate said plaintiff’s evidence was so full of contradictions that he could base no judgment on it.

Mr. Mason said plaintiff had just been through a severe illness and had never been in court before.

Mr. Paterson remarked that may be so, but he was being asked to adjudicate on the position. He felt he could not do that by the manner in which the evidence had been given. Plaintiff appeared to agree with everything that was suggested.

Mr. Mason said he knew the case would be a difficult one, but he was convinced as to the justice of his client’s case.

Mr. Adams, who appeared for defendant, said the original arrangement was simply ridiculous, but he also was firmly convinced that Newman’s actions were right. Plaintiff was non-suited and a counter-claim for £ls was adjourned sine die. Plaintiff’s Evidence. Plaintiff, William Edward Atkins, of Tapapa, had stated that he had had about four years’ experience of dairying, mostly on wages. He first met Newman about three years a go, and about 12 months ago he approached witness, saying he had a proposition for the purchase of land at Tapapa. A partnership was arranged that they buy 20 cows and Newman was to pay all outside expenses. Plaintiff was to receive the returns from the cows for the first 12 months and go 50-50 in income, and expenditure in the second year. If the farm was sold they were also to go 50-50 on the profits. Witness and his son did the work until witness went to hospital. While there witness signed several documents; one of which was a transfer of the land to Newman. The later said ">

everything would be carried on under the original arrangement. When witness returned from hospital he found that Newman and his family were living in part of the house. Newman then, had his own herd of cows on the property and had pushed witness’ cows to the worst part of the farm; in fact, he starved them out. After witness (went to see his solicitor he found the house locked against him and his furniture on a lorry. He had been unable to get into the house since. Regarding the cows originally purchased witness said he picked out forty cows from the herd of a man named Kelly. He was to pay £75 deposit and half cheques. Newman took delivery of the cows from the vendor, but when they arrived on the farm witness complained that the cows were not those originally selected. Newman said of the original hundred cows on Kelly’s property there were only 40 when he took delivery. Newman said he would get the matter put right. The supply to the factory was in witness’ name. Newman made the arrangements for manuring, payment to be made out of the milk cheques. Two and a-half or three tons of manure was still in the shed on the farm when witness was dispossessed of it by Newman. Witness considered he had lost about £2 10s per week through being put off the farm.

Plaintiff Cross-examined. Cross-examined, Atkins said he had agreed to act as trustee for Newman in the purchase of a farm, Newman putting the money in. Newman was to receive no income from the farm in the first year, but was to supply manure. The land was infested with ragwort and witness thought a herd of 20 cows was enough to put on it. He was persuaded by Newman to get 40 cows. (Continued Foot of Previous Column)