DISPUTE REGARDING LEASE.

New Zealand Herald, Volume LXI, Issue 13747, 28 June 1924, Page 13

DISPUTE REGARDING LEASE.

APPEAL BY LANDOWNER.

MAGISTRATE'S FINDING UPSET.

A written judgment was delivered yesterday by the Chief Justice, Sir Robert Stout, in an appeal against a decision by Mr. J. W. Poynton, S.M., in respect of a land transaction. Appellant was James McLeod (Mr. Finlay and Mr. Munro), and respondent James Owens (Mr. Martelli). In the Lower Court the magistrate found that when McLeod ' had leased his land at Henderson to Owens he had represented that £40 a year could be made out of the orchard. Judgment was then given for Owens for £117, on the ground of misrepresentation. Against that finding McLeod appealed. The Chief Justice said it was admitted by respondent that the magistrate had not found fraud. Further, the evidence did not_ warrant a finding that the statement of the future profit from the orchard was what induced .respondent to accept the lease. Respondent in his evidence said:—"l took the place for potatoes, cows and poultry. ■ I relied on Mr. McLeod." Respondent could not maintain- his judgment on at least five rounds, viz.—l. No fraud proved ; 2. tatements about the orchard did not induce the contract; 3. Statement made was only an opinion expressed, and there was no evidence that it was fraudulently or recklessly onade; 4. Respondent accepted a reduction of rent and continued as ten-, ant at a lower rent though the returns from the place were below his- anticipation; 5. The mode in which the damages were assessed was from any point of view not maintainable. The appeal must be allowed, and judgment entered for appellant with costs. : .