DISPUTE OVER PROPERTY.

New Zealand Herald, Volume LXII, Issue 19126, 18 September 1925, Page 12

DISPUTE OVER PROPERTY.

ALLEGATIONS NOT PROVED.

SUCCESSFUL COUNTER-CLAIM.

Tho case in 'which Allan Thomas Ariell, farmer (Mr. Hall Skelton) claimed £685 damages from Simon Newport Clark, farmer (Mr. Blomfield), was concluded in the Supreme Court yesterday, before Mr. Justice Alpeirs. Plaintiff alleged misrepresentation regarding certain farms at Puketi and Ohaeawai, North Auckland. A counter-claim for £428 was mode by defendant for damages alleged to have been caused through plaintiff's occupancy. Further evidence for defence was heard. His Honor, in delivering judgment, said the case turned purely on a question of fact. Plaintiff presented a twofold clijn. He alleged that the representations made by defendant regarding the properties were inaccurate. They were either made deliberately, with the intention to deceive, or were made innocently. Plaintiff had to prove his allegations. Further, if the Court, was left in doubt plaintiff could not succeed. He had failed to prove land ttheroforo could not succeed in his claim. « In regard to the counter-claim His Honor Baid thai as Ariell had not established misrepresentation he had no right to go out of possession. Clark was therefore not bound to accept repudiation of the contract and was entitled to succeed in the counter-claim. Judgment wonld therefore be for Clark on the counterclaim for £217 Os lOd, With costs according to scale, in addition to £ls 15s for an extra day.