FARM SALE DISPUTE.

New Zealand Herald, Volume LIX, Issue 18180, 28 August 1922, Page 5

FARM SALE DISPUTE.

m> PLAINTIFF AWARDED £806. COUNTER-CLAIM FAILS. The action for £1759 damages and expenses for alleged fraudulent representations in respect of a farm of 202g acres at Whangaparaoa was concluded before Mr. Justice Stringer and a jury at the Supreme Court on Saturday. The plaintiff Vas Charles William L. A. Poll, farmer, Whangaparaoa (Mr .-Sell ar and Mr. Tomkinson), and the defendant George Harvey (Mr. Ostler and Mr. Lowrie), who counter-claimed for £1200, including £300 damages for depreciation on the farm, and interest and principal due. The jury retired at 2.20 p.m. and returned at 3.5 p.m. with the following answers to questions put to it by His Honor :—Did the defendant represent to the plaintiff, (a) that the farm had a carrying capacity of 85 dairy cows?—yes; (b) that the farm was plentifully watered? —yes; if the answer to both, or either, of the above questions is in the affirmative, were such representations or was such representation made falsely and fraudulently ?—yes; if such representations, or either of them, were or was, made falsely or fraudulently, was the plaintiff thereby induced to purchase the property ?-r~yes-; if the answer to the last question is in the affirmative what damages is the plaintiff entitled to?— £(jO6; ii» the defendant entitled to recover from the plaintiff any, and if so, what amount for burning the fence?; —no. • /., ;' ; I