FARM SALE DISPUTE.

New Zealand Herald, Volume LXI, Issue 18710, 16 May 1924, Page 7

FARM SALE DISPUTE.

PROVISION OF ACCESS.

CLAIM FOR £485 DAMAGES.

An action was heard in the Supreme Court yesterday, before Mr. Justice Stringer and a jury 'of 12,' in which damages were claimed for alleged nonfulfillment of the terms of purchase of a farm property at Otamarakau, in the Bay of Plenty district. Thomas Christian Mikkelson, farmer, of Otamarakau (Mr. H. P. Richmond), sued Edith Emma Sykes, wife of George Sykes, of Otangihakau (Mr. J. Hogben, instructed by Messrs. Harron and Eraser, of Whakatane), claiming' £485 damages under various headings. For plaintiff it was alleged that in February, 1919, defendant agreed, through her husband, who acted as her agent, to sell him 1474 acres of land for £2138 15s, and that as there was no legal road access to the land, defendant agreed to give access by a road and bridge within 12 months. Not until tflovember, 1921, was road access computed, and up to date the Tauranga County Council had not accepted ana dedicated it as a public road. For want of proper access plaintiff had not been able to complete his legal title to his land, and in consequence he had been hampered in his financial arrangements, in particular, being unable to obtain assistance under the conditions ordinarily available to returned soldiers. On tins account he claimed £350 damages. The remainder of his claim was made up of legal expenses incurred, loss of time and labour involved in expedients for conveying requisites to his farm in ; the absence of proper means of access, and also items for loss of crops and of time. Defendant, in her pleadings, stated that she purchased the land in April, 1919, at a safe under a mortgage, held at the instance of the Registrar of the Supreme Court, and was not bound by any agreement made by the earlier owners. The road, now completed, had not been made in pursuance of any agreement with plaintiff. ( . Evidence was taken at considerable length, and was not _ finished when the case was adjourned till to-day. TV .'•-••• -' _■■;. ■'.■„ '--['