FARM DEAL DISPUTE.

New Zealand Herald, Volume LX, Issue 18455, 19 July 1923, Page 6

FARM DEAL DISPUTE.

MATTER OF REPRESENTATION

PROPERTY• AT ALBANY.

PLAINTIFF'S VARIED / CAREER

A claim for damages for alleged misrepresentation in connection with the exchange of-a > farm was heard by Mr. Justice Herdman. in the Supreme Court yesterday, when James Alexander Newman (Mr. T. J.;'/ Fleming), sought to recover £500 from Frank Edmond Coilis Edkins and Frank . William King Edkins, •' (Mr, Goulding), farmers, of Auckland. Defendants exchanged' an Albany farm, of 90 acres, for plaintiff's - house, No. 3, Albion Street, Parncll. Plaintiff alleged that there was misrepresentation in regard to the farm, in that it was stated that (1) the soil was of strong loam (2) the property was free from noxious weeds; and {5) there were 45 acres in English grasses. Plaintiff alleged that (1) the soil was of clay, and not loam; (2) it was infested with blackberry and other weeds and (o) there were not more than 10 acres in English grasses. Defendants denied that there had been misrepresentation. If the alleged statements were made, they were made innocently; and; if made by the agent, were not authorised. Mr. Fleming said that plaintiff had acquired the property as a going concern. When he inspected it, no blackberry or gorse were showing, and it transpired, he alleged, that they had been carefully chipped off beneath the surface. . When plaintiff made a remark as to the grass being bare,- Edkins senior said it had been recently sown on burned land. Plaintiff did not know one soil from another. He relied upon the statement he had received. The exchange was carried out on the basis of £17 10s an acre for the farm.

" Not a Parmer."

Plaintiff stated ' that he had been in New Zealand 15 years. Prior to that ho had a fish and chips business in England. In New Zealand he had had a bakery for about four years, and later, was in the grocery and fruit businesses. Next he went into the motor trade, which did not prove a successful venture. An agent, H. K. Claytorfj? took him to the farm, and told him it was a good place. The agent knew he was net a farmer. Edkins, senior, was present when he inspected the property. .. Plaintiff took possession in September, 1922. He became suspicious about Christmas that things were not as represented. '■■>. There was any amount of blackberry, gorse, penny-royal and inkweed.

To His Honor, plaintiff said he was induced to buy, because he had been told he could get a fair living out of the farm. Nothing was said about weeds. Cross-examined, witness' said he had lived mostly in cities. He understood a loam soil was supposed to be a good soil. He denied that there was not more than half an . acre of gorse ' and blackberry. After acquiring the land, he put it into agents' hands for re-sale at £25 an aerie. Statements as to Value. George William Mace, a land valuer, said his valuation of the farm, was £765. If it had been in accordance with the details plaintiff had said he was given, he would value it at £1210. At least 15. acres were infested with' weeds. The only decent grass was in the stump-land, and that was infested with blackberry. There were about 15 acres in poor, grass. The land was a poor clay loam,' about 20 acres 1 being a little bettor. ;. Cross-examined, witness said strong loam meant a first-class. soil. Reginald Skelton stated, that the roots of the blackberry appeared all to have been cut off with a sharp spade or grubber, '["here was no loam about the farm. Cross-examined, witness said he woula call about 70 acres cold, ; yellow clay. George Martin, farmer, of Albany, said the farm, as it stood, was worth about £9 10» an acre. Without the weeds it would be worth £12 or £13. < Evidence for the Defence. Frank Edmond Collis : Edkins said he had been farming since 1878. " He bought the farm in 1920, at £11 an acre. Only a small portion had then been cleared. After : clearing and burning, he., sowed about 25 acres in grass. He had been steadily improving the property for just on two years. The weeds were well down bo far as a man could get them down, when plaintiff inspected. He did not know that Newman was not a farmer. When shown a shoot, of blackberry, Newman said, " Oh, that's nothing j we cultivate them in the Old. Country. They make good puddings." Except for the ploughing of a paddock, no farming had been done since defendant left. • Grots-examined as to a statement in the typewritten-slip of details of the farm, that there were no : noxious weeds, defendant said that was the agent's statement. He did not know plaintiff was ignorant of farming. - Samuel Edward Kenny Tipping, a valuer, said it was ridiculous to say the place had depreciated £6; over the whole lot because of blackberry and gorse. He estimated the area that had been handled would be from 37 to 40 acres. He could see sufficient to know that English grasses had been sown liberally. He valued the property to-day at from £11 to £12 an acre. Edkins got nothing out of the property judging by what he put into it. /

Cross-examined, witness said the property was not badly infested with blackberry. ■ Henry Kenyon Clayton, the land agent concerned In the deal, said he knew nothing about Newman or his abilities. About 46 acres ..were, he thought,* in ;. grass. There were odd , roots of blackberry her© and there when Newman inspected. Witness visited the farm in March last, and the blackberries then were not a serious menace. "It is, : ' said * witness, " the cleanest place I know of in Albany.". On more than one occasion Newman ;?' had said he was satisfied wiih his bargain. The case was adjourned till to-day.