PROPERTY EXCHANGE

New Zealand Herald, Volume LXIX, Issue 21295, 23 September 1932, Page 13

PROPERTY EXCHANGE

PERFORMANCE IN DISPUTE FARM AND SUBURBAN HOUSE JU£>GE RESERVES DECISION The hearing of a dispute arising from an agreement to exchange a town property for a farm was concluded in the Supreme Court, yesterday before Mr. Justice Smith, fl'he case was one in which Bold Marchant, farmer, of Onewhero, and James Howard Arnefcfc, of Remuera, traveller, signed 7 an agreement to exchange Arnett's property in Portland Road for Marchant's farm di Kauri Road, Onewhero. Arnett had refused to proceed with the deal and Marchant sought an order for specific performance of the contract and £l5O damages. Arnett alleged false representations and asked that the agreement be declared void. In evidence yesterday, Marchant said he indicated that his farm was poor land. He did not say there were 60 steers on it, and ■ did not guarantee that the road would be metalled in three months. Witness said that on the day Arnett visited the farm, Arnett saw where some post holes had been dug and commented favourably on the soil. Subsequently, said witness, the agent asked Arnett "if he was satisfied with the farm and if he would sign the agreement. The agreement was read over again, after certain amendments had been made, and then signed by Arnett. Witness did not hear any 'reference to Arnett's being without his glasses. Witness said he flatly denied promising to add a verandah to the house and to put the dwelling in a good s'tate of repair. There was no mention whatever of a second inspection of the farm. That suggestion was an absolute untruth. When Arnett signed the agreement, witness, as far as he was concerned, believed the deal was completed. [There was no suggestion by Mr. and Mrs. JlArnett of a further agreement being .-signed. Cross-examined, Marchant said he knew 'Arnett wanted to commence dairying right away. He told Arnett that he had all dry cattle and had. not been milking on the place. To His Honor, witness said that when standing on a knoll overlooking the farm he asked Arnett to inspect the back of the property, but Arnett said he had seen enough. Frederick William Jones-Prosser, land agent, said Marchant told Arnett that there was blackberry and fern on the property. He said there was some nice, land at the front of the farm, but the back area was broken. Nothing was said about the land being equal to the land on Pukekohe Hill. After the farm had been inspected, Mr. and Mrs. Arnett discussed the property in favourable terms. They did not suggest that it should be inspected again. Evidence was given by a number of farmers in the Onewhero district as to the potentialities of the farm in dispute. Decision was reserved.