FARM DEAL DISPUTE.

New Zealand Herald, Volume LXIII, Issue 19504, 7 December 1926, Page 15

FARM DEAL DISPUTE.

CLAIM FOR £IOOO DAMAGES. CATTLE sickness question. misrepresentation alleged. PROPERTY AT TOKOROA. [Bl* TELEGRAPH. —OWN CORRESPONDENT. ] HAMILTON. Monday. A case of outstanding interest was commenced in the Supreme Court to-day before Mr. Justice Herdman and a special jury- of 12, when Frederick Freeman Rogers, former, Tc Awamutu, sought to ' recover from the Matarawa Land Company, Ltd , Napier, the sum of £IOOO as damages for alleged misrepresentation. •The company counterclaimed for £616, for alleged loss of rent and depreciation. Mr. M. IT. Hampson, Rotorua, with Mr. J. Oliphant, Te Awamutu, represented tho plaintiff, and Mr. P. H, Watts, Hamilton, with Mr. G. P. Finlay, Auckland, and Mr. M. R. Grant, Napier, appeared for the defendants. In the statement of claim, plaintiff said ho purchased 147 acres of land from the company at Tokoroa, 14 miles from Put arum. He alleged that defendants represented that the land was good dairying land, that people with established dairy herds were doing as well there as anywhere in New Zealand, while the land was only a quarter of the price of dairying land in Taranaki and was giving equal returns. Plaintiff alleged that the representations made to him were false and were made by the defendants fraudulently and with intent to deceive. He alleged that the company knew that tha Tokoroa area was subject to cattle sickness and was thus rendered unfit for the successful conduct of dairying. Contention by the Defence. Plaintiff farmed the land from April, 1925. until July, 1926, to the best of his ability. He spent all his available cash in improving the Tokoroa property, but the returns were insufficient to enable him to pay the rent due to the defendant company. In consequence of this, the company re-entered the property and . repossessed the land. The defendant company denied the allegations made by plaintiff, and said the latter entered into possession after personally inspecting the land and after making full inquiries from tho other settlers at Tokoroa. The company admitted that the laud at Tokoroa in common with other land in the same district was subject to cattle sickness and &aid that this fact was known to plaintiff before he entered into occupation. The company said that the land was not thereby rendered unfit for successful dairy farming. The. company denied that it reentered the property in consequence of plaintiff's failure to pay the rent, but claimed that the plaintiff voluntarily jyacated the area. Case for the Plaintiff. Opening the case for the plaintiff, Mr. Hampson said that in August, 1915, the Matarawa Land Company was formed for the purpose of buying a large tract of land at Tokoroa. In 1916 the company ploughed and sowed 1000 acres of the land, and a large quantity of stock was purchased and placed on tho property in tho following year. Many of these animals died, and it would be proved that the cause of death was malnutrition due to cattle or bush sickness. In 1918,- submitted counsel, the company knew that the land was cattle sick, but in 1921 it decided to subdivide and sell the property. Counsel described the experience of two purchasers, who, ' he said, lost stock, were unable to make 1 the properties pay and left. A retired Hamilton farmer, John McCaw, said the Matarawa land was always considered to be affected with bush sickness. liemedy for the Trouble. Cross-examined, witness said the trouble could be cured by applying manure. When settlement and cultivation developed the extent of the disease was reduced. The land at Matarawa produced wonderful root crops. William Turner Collins, Government veterinary surgeon, Auckland, said he had examined a cow at Tokoroa that had died of bush sickness. The trouble was not a disease, and was now called iron hunger, a.nd was due to lack of iron in the soil. The cattle died from progressive anaemia. Ho had supervised experiments at Lichfield, where sheep- particularly suffered badly from the trouble. Lambs did well for the first two months and then showed symptoms of emaciation. lit they were not removed they soon died. Cross-examined, witness said at Mamaku calves suffered from iron starvation, and unless they were supplied With artificial feed they could not be reared. To do this would involve much extra expense. John Victor Johnson, storekeeper, Tokoroa, said that in 1916 he took up 275 acres of land on the Mairaetai estate adjoining Matarawa. He had lost all hia cattle from time to time and was forced to give up farming. Hugh Cleland, stock inspector, Matamata, said he knew Matarawa and was of the opiiiion that the only thing to do with the cattle when they became sick was to remove them to fresh pastures. Veterinary Surgeon's Evidence. Charles Victory Dayus, Government veterinary' surgeon, Hamilton, said Tokoroa and Lichfield were in the bushsick area. Dairy farmers were required to remove their cattle to healthy country from time to time in order to carry on. To do this involved expense. The trouble s was not contagious but all cattle in a bush-sick area were susceptible to it._ William Osmond Nichol, rabbiter, Hawke's Bay, said his father, witness, and his brother, took over 605 acres from the Matarawa Land Company in 1921. They suffered losses of lambs and cows and eventually gave up the place in debt. Francis Bates, farmer, Te Aroha, who bought 516 acres from the Matarawa Land, Company, in January, 1921, described his experience. lii May, 1922, after losing £4OOO he left the property after 15 months' occupation, it was impossible to rear calves on the property for they died as soon as artificial feeding was stopped. Archibald Douglas Cairns, farmer, Te Mawhai. said in 1920 he was employed by the .Matarawa Land Company as a team worker. In 1924 he took up 320 acres from tho company and commenced dairying. He commenced milking in July, 1924, and during the first season the* cows had a good deal of trouble with Eome kind of sickness. During the Eecond season many of the cattle became fick and he sold them for about £1 a head. Witness was suing the company for £5374 damages. To Mr. Findlav. witness said when he worked, on ' the property in 1920 he did not know that cattle were dying on the place. Tne case was adjourned until tomorrow.