PURCHASE OF A FARM

Northern Advocate, 9 December 1931, Page 5

PURCHASE OF A FARM

WAIPAPAKAURI CASE,

JUDGMENT FOR DEFENDANT.

(Special to "Northern Advocate.”) AUCKLAND, Tuesday.

Further evidence was heard before Mr Justice Smith in the Supreme Court today in a farm sale dispute from Waipapakauri, North Auckland. Plaintiff is Walter Henry Knight, and the defendant is Arthur Edward White.

In September, 1929, the plaintiff bought an area of 93 acres from 'he defendant. He made a claim for £BIO and the recission of the contract, on the ground of misrepresentation: and alternatively he claimed £IOOO general damages, plus £774, the difference between the price of £1914 agreed upon and the Government valuation, and £449 to recoup his losses. Defendant counter-claimed for specific performance of the agreement to purchase. His Honour said that the wording of the allegation in regard to cattle disease on the property was inappropriate to*fhe case, while there was a direct conflict of evidence as to the value of brown top for dairying purposes, and this allegation had not been proved. With regard to the stock-carrying capacity of the farm, the evidence showed that had plaintiff adopted the methods of a neighbour, the propert;' would, within four years, have been able to carry a full herd of milking cows. “While I think plaintiff has been unfortunate, he cannot succeed,” concluded his Honour, who gave judgment for the defendant and made an order for specific performance on the coun-ter-claim, Costs were allowed defendant as on a claim for £IOOO.