FARM SALE ACTION.

New Zealand Herald, Volume LXII, Issue 18955, 28 February 1925, Page 13

FARM SALE ACTION.

BIRCH HILL PURCHASE. HISTORY OF NEGOTIATIONS. EVIDENCE REGARDING VALUE, The fourth day of hearing of the claim of Robert Marshall (Mr. West), against Alfred Buckland and Sons, Ltd. (Messrs. Northeroft and Beekerley), for £6069 3s 6d damages in connection with the purchase of the Birch. Hiil farm, Runciman, was completed yesterday, before Mr. Justice Reed and a jury of 12. Originally the case was one brought by Buckland and Sons in respect of in indebtedness whicu is admitted. Marshall preferred a coun-ter-claim based on alleged misrepresentations and breach of duty as agent and adviser, and it, is this counter-claim that i 3 being tried. William R. Penn. manager of Buckland and Sens, Ltd., said it was riot a matter of any account tr the company that Wilson, the late owner Birch Hill, should sell the property. The company had not applied any kind of pressure to Wilson, who was selling on account of the state of his health. Witness had no knowledge of the negotiation:, with Marshall until after they were completed, and did not know of his existence until he came to inako the settlement concerning the terms of purchase. Witness knew nothing about, any reference of Marshall to the company from the High Commissioner. He had never heard of any undertaking on the part of the company to become Marshall & adviser. Marshall gave w'tness to understand that, he had wealthy relatives in Scotland who would assist him. It was not until tie second interview, > after Marshall's furniture had been lost iu the wreck of the Wiltshire, that Marshall raised any question of financial at» commodation. Gradually, from that point, he worked into a position of receiving considerable credit, but he explained that this was only temporary, as he would l>e> getting money from Home. In July, 1923, the lirm wrote to him asking for security* Marshall replied indignantly that the request was a reflection upon his integrity. Not till later was it known that, he had made over his live stock to his wife, and that his wife's money had furnished the payment of £2COO. Had witness known these facts, and also known that Marshall was an undischarged bankrupt, he would have hs.d no accommodation at all. Fanners in Witness Box. Charles Hunt, farmer, experienced ins valuing land, considered the price at . which Birch Hill was sold to Marshall was " quite all right." The property would compare favourably with Pukekohe Hill as regards potato-growing, if it received the Pukekohe system of cultivation and manuring. The farm had gone back very much in condition in the last four years. James G. Murdoch, farmer, Otorohar.ga, said ha had nominated as assisted immi-* grants both Marshall and his ex-employee, Gilchrist, the latter being a relative o£ witness by marriage. Witness accoiu-i paniad them on visits to several farms., Marshall never said anything about Bucklands being his advisers, or about his having been referred to them by the High, Commissioner. He knew of no other adviser to Marshall other than Gilchristj and himself. George W. Cox, farmer, gave it as his opinion that Birch Hill was particularly sailed for the raising of pedigree stccld |at the time it was sold to Marshall. At £12.000 as a going concern, it was "very) good buying." Norman H. Keith and Robert Boyd* farmers, were of opinion that Marshall obtained a good bargain in Birch Hill; farm. Former Owner of the Farm. Joseph M. West, land agent, deposed that Marshall, before he treated for Birch, Hill, inquired from him about other pro-< perties, stating that he had as partners Gilchrist and Murdoch. He never said! anything about Bucklands being his advisers. Witness agreed that Marshall hadi good value in his bargain for Birch Hill.. John C. Wilson, from whom Marshall bought the farm, said his reason for se!-< ling it was that after an operation .whichs he underwent in 1921 his medical adviser forbade him to do any farm work. No pressure was applied to him by Bucklands in reference to his account with them. At the time of Marshall's inspection of the farm, witness did not tell him there were no frosts in the district. On tho contrary, frosts that had • occurred were discussed. Nothing occurred during that visit, on the part of Marshall or Jones, the representative of Bucklands, to give colour to the suggestion that Jones was present as Marshall's adviser. Arthur E. Watkins, who visited tha farm while Marshall was in occupation, said Marshall informed him that the plac« suited him. Counsel's addresses, and possibly tha evidence of one further witness, will b® taken to-day.