MAGISTRATE'S COURT.

New Zealand Herald, Volume LIX, Issue 18017, 16 February 1922, Page 5

MAGISTRATE'S COURT.

NONSUIT ON DAMAGES CLAIM.

TROUBLE OVER A HOUSE. A claim for £150 damages for alleged fraudulent representation in conncction with the salo of a house was brought by Frederick Wiltshire (Mr. Inder), farmor, against ilrs. Elizabeth Bcvis (Mr. Bagnail) before Mr. W. R. McKean, S.M, in tho Magistrate's Court yesterday. The statement of claim set out that plaintiff purchased a property on which thore was a houso and stable from defendant. During the negotiations for the purchase, it was alleged, defendant falsely and fraudulently represented that tho houso was let at £1 10s a week and tho stable at 10s, Subsequently plaintiff ascertained that the houso had not been let for £1 10s a week, tho rent at tho time of the salo being £1; and, further, that the stable was then let for 5s a week. Mr. Bagnall applied for a nonsuit on the ground that plaintiff had failed to establish his case.

In civintr his decision on tho point Mr. McKean said tho tenant ha<J signed a memorandum, prior to the transaction, agreeing to pay II 10s a week, but had subsequently refused to pay. Plaintiw knew there was a dispute and that Mrs. Bevis was to seo her solicitor about tho rent. There was nothing to suggest that defendant had wilfully misrepresented the position in any way. Plaintiff was nonsuited with costs, £10 6s 6d, to defendant.

DISPUTE BETWEEN NEIGHBOURS. Decision in a dispute between neighbours at Warkworth haa been given by Mr. W. R. McKean, S.M., at the-Magis-trate's Court. A. G. Llewell (Mr. Indor) sought to recover from A. G. Cements (Mr. Nutsford) the sum of £117 IBs 6d, made up by a claim for damages in iospect of an alleged agreement relating to timber growing on plaintiffs property, and other claims for work done, goods sold, and for grazing. Defendant filed a counter-claim for £90 19s 10d, for wot k done and gopds supplied. Judgment was for the defendant on tho claim and for plaintiff oil the counter-claim. Costs were allowed according to scale.