AN EXCHANGE OF LAND.

New Zealand Herald, Volume LIX, Issue 18017, 16 February 1922, Page 7

AN EXCHANGE OF LAND.

NEW ZEALAND APPEAL.

DISMISSED BY PRIVY COUNCIL.

K. and N.Z.

LONDON, Feb. 14.

The Privy Council dismissed the New Zealand appeal with costs in the case of Thornes versus Thomas and William Brown. The case was concerned with alleged fraudulent misrepresentation on a contract for an exchange of farms.

The case of Thomas and William Brown, farmers, of Te Awamutu, versus Joseph Thornes, retired land agent, of Auckland, was begun at the Supreme Court, Auckland before Mr. Justice Cooper, on February 26, 1919. The plaintiffs, who exchanged through tho defendant a property of 306 acres tX Opotiki for 500 acres at 'Gordonton, near Hamilton, alleged that Mr. F. Cooper, manager in Hamilton for the defendant, made misrepresentations reparding the Gordonton property, and claimed £5000 as the difference in value between the two properties, and £800 as the sum expended on the Gordonton property. The jury returned a verdict for tho plaintiffs, finding that untrue statements had been made negligently, but not fraudulently, and fixed the amount of damages at £2488. Mr. Justice Cooper, before dis charging the jury, said it was only fair to make public the fact that although the judgment was against Thornes, it was not in respect of anything improper done by him but solely because he was responsible for tine acts of his servant, Cooper. The Conrt of Appeal declined to grant a new trial, and an appeal was then made to the Privy Council.