COAL SEAM DISPUTE.

New Zealand Herald, Volume LXI, Issue 18897, 20 December 1924, Page 14

COAL SEAM DISPUTE.

ACT.ON BETWEEN MINERS. SUPREME COURT JUDGMENT. Judgment was delivered by Mr. Justice Reed in the Supremo Court yesterday in an action between two groups of miners in respect of a lease of a coalbearing area. Plaintiffs, John Mclntyre, Thomas Moriey Cook, Andrew Hosie Wilson, and Joseph Neil, all miners of Hikurangi, proceeded against Alfred James Doel and Charles John Doel, also miners, of Hikurangi, seeking the recission of an agreement for the purchase of a coalmine at Hikurangi, on the ground of alleged fraudulent misrepresentations. Alternatively the amount of the purchase price, £450, was sought as damages. Defendants denied that plaintiffs were induced to purchase by their representations. They submitted also that the price paid included not only the rights of the lease, but the tramway skips and tho plant on the land. Mr. Ostler (instructed by Mr. H. A. Steadman) appeared for plaintiffs, and Mr. V. R. Meredith (instructed by Mr. H. D. Harrison) for the defendants. The case was heard in Auckland on August 29 and September 1, 2, and 3, and was then adjourned to permit of test borings being taken. His Honor, in giving judgment yesterday, said plaintiffs' claim was based on fraudulent misrepresentation, and the onus was on plaintiffs to satisfy the Court of the truth of such allegation. At the hearing of the action ho came to the conclusion that the evidence for tho plaintiffs was not satisfactory, and that he could not accept it. That conclusion had been strengthened by tho result of the shaft sinking operations. Judgment must be for defendants, with costs according to scale. His Honor certified for two and a half extra days at £15 15s per day, with £5 5s expenses for examining tho bores.