DISPUTED VALUE.

Manawatu Standard, Volume IV, Issue 218, 15 August 1931, Page 3

DISPUTED VALUE.

LAND DEAL IN COURT.

On the grounds of alleged misrepresentation as to the carrying capacity ol the land, and alleged misrepresentation as to the right to purchase tho freehold, Alfred Emmett, settler, of Palmerston North, on Wednesday proceeded against William Franklin Gardiner, settler, of Hamilton, in the Supreme Court at Wanganui for a total of ±;7 100 or the rescission of a transfer of certain lands. Tho several items in the statement of claim were: (1) £IOOO for loss on the working of properties, (2) rescission of tho contract, (3) the transfer of certain lands from the defendant to the plaintiff, or, in the alternative, £4650, (4) the return of the sums of £4OO and £2050, and interest thereon, and (5) damages. The farm, of 1726 acres, is at Koroniti, 26 miles up the Wanganui River, other lands concerned in the case being in the Manawatu district. Appearing for the plaintiff were Messrs Baldwin and Ongiey (Palmerston North) . and for the defendant, Mr Mac Diarmid (Hamilton). _ vi In evidence, plaintiff said he had been a slieepfanner for 28 years, and had farmed at Cheltenham and at Waitotara. He was six years at Cheltenham on good country and about two and a-lialf years at Waitotara. There were about 950 acres in grass on the AVaitotara land. That country wintered about 1200, mostly dry sheep. Since then he had been dairy and sheep-farming for about 20 years at Otaki.

AVhen the bargain was made, witness had certain. properties in Palmerston North, nine in ail, three being unencumbered. In cbnsequenco of a conversation witness had with ■ Air "Williamson, defendant came down and inspected the properties at Palmerston North on May 22, 1929 v Witness arrived at the farm at Kororiiti about 1.30 p.m. on a later day, and he and defendant wero out inspecting until dark. He saw the best of the farm. He saw a good many hoggets, some ewes in low condition, and some cattle. The hoggets were in very low condition in some cases. The fences he saw were “not too good at all.” They were fairly rough. Mr Gardiner said that he had just pulled one fence down and that a horse had broken a few posts. AATien asked what tho place would carry defendant had said it would winter 2500 odd sheep, of which 1500 were breeding ewes, 190 to 200 head of cattle, and some horses. Defendant had said the tenure was Maori lease, about 20 years to run, 2s an aero rent, and that the freehold could ho had at any time at £2 per acre. There was a poor crop of 10 or 12 acres of swede turnips and maize with hoggets grazing on it. The crop might have wintered 200 hoggets for two months. The case was adjourned and resumed on Thursday, when plaintiff continued his evidence.

Continuing, Emmett said that no sheep had gone off the property without the knowledge of himself or his manager.

Cross-examined by Mr Mac Diarmid, Emmett said that he had received reports as to the progress of the farm from his manager from time to time. Plaintiff had only visited the property at intervals. The manager knew as much about the farm as himself. AVhen plaintiff had inspected the farm he had not seen a great number of the stock. Ho had not said that the stock were in pretty good condition. He had been advised by tho defendant to get a certain manager, but he had been unable to do so. He could not remember whether he had stated that ho was satisfied with the total of the cattle. His Honour observed that the manner in which the contract had been undertaken looked as if it had been done by children. In answer to a question, Emmett said that ho had been taken to one or two paddocks and tho tally of the sheep in them had been in accordance with the figure given him by Gardiner. Re-examined, witness said that he had only had about two years’ experience on country of the class of the land at Koroniti.

Plaintiff said that on returning to the house after having inspected the farm he had asked Gardiner what the carrying capacity amounted to. He had been told that the farm could carry 2500 sheep. At that time the farin was carrying 2350 sheep. It was guaranteed that the farm was carrying not less than 2100 sheep and that it would carry up to 2500. The agreement had been made up that night. Witness said that lie had not asked to see the sheep returns. The agreement had been finalised on July 5, at Wanganui. Before the agreement witness said he had checked the implements, but that he had not checked the-stock as they had not been mustered for him. Gardiner had said that it would have been impossible for him to have mustered the stock as it would have been the best part of a month’s work. His Honour: Did you not tell the defendant that you were going to muster? I cannot understand the casual way in which the agreement was made. The first tally of the sheep had been after shearing time when tlierp were 2054 sheep on the property. As this was considerably below the number he had believed to bo on the farm he had gone to Palmerston North and had seen Gardiner. He could get no satisfaction from Gardiner and so had consulted a solicitor. After evidence had been given by Robert Alexander Bell, manager for plaintiff, and others, plaintiff’s case was concluded and the court adjourned until this morning.