EXCHANGE OF LAND.

New Zealand Herald, Volume LVIII, Issue 17956, 5 December 1921, Page 9

EXCHANGE OF LAND.

VERDICT FOR PLAINTIFFS. DAMAGES ASSESSED AT £2400 The land exchange action, in which Alexander Liddle and his wife, Sarah Ann Liddle (Mr. Leary), claimed £2560 damages for alleged fraudulent misrepresentation in respect of an exchange of properties from John Dolphin and Thomas Gow Clark (Mr. Cahill) was concluded in the Supreme Court on Saturday before Mr. Justice Herdman and a jury of 12. The statement of defence denied the allegations of misrepresentation, and stated that the plaintiffs inspected -the property pereonaHly and had it inspected by other persons, and they made the exchange in reliance upon their own judgment and that of other persons, and not upon any representations made by the defendants. The alternative issues put to the jury were whether tho defendants were guilty of fraudulent misrepresentation or whether they had committed a breach of warranty. After considering the case for an hour the jury found for the plaintiffs on the question of misrepresentation, and assessed the damages at £2400. Mr. Leary formally moved for judgment, but Mr. Cahill asked for time to consider the question of nonsuit points. His Honor said he had grave doubts as , to whether the verdict could be upset as it was founded on facts, but he would reserve leave to move until Wednesday*