SALE OF DAIRY BUSINESS

New Zealand Herald, Volume LXX, Issue 21462, 8 April 1933, Page 12

SALE OF DAIRY BUSINESS

RESCISSION CLAIM FAILS ALLEGATIONS NOT PROVED Tho hearing of an action to have an agreement of salo in respect of the transfer of a dairying business at St. Hcliers rescinded was concluded before Mr. Justice Herdman in the Supreme Court yesterday. The plaintilf was Leonard Vincent Rowe, of St. Helicrs Bay, dairyman and milk vendor (Mr. Singer and Mr. Milne), who purchased a dairyman's business, stock and chattels, with the benefit of certain leases, from the defendant, George Henry Sturgess, of Epsom (Mr. Munro and Mr. Haynes). The purchase price of £BOO was made up of a £SO deposit, £250 payable in cash on possession and £SOO to bo paid by instalments. Alleging that ho had been induced to make tho purchase by false and fraudulent representations on the part of the defendant, tho plaintiff asked that the sale agreement and a bill of sale be declared null and void, that the defendant indemnify him against all liability in respect of a milk contract, for judgment for £3OO received by defendant and for £IOO general damages. Tho defendant denied that any repre-

sentations he had made to tho plaintiff were false or misleading in any respect, and said that tho plaintiff had made his own independent investigations.

His Honor said tho Court had always held that where fraud was alleged plaintiff must go the length of proving definitely that defendant was guilty of dishonesty. In this case His Honor had come to the conclusion that thero was no proof that defendant's representations were made with any dishonest intent.

Judgment was entered for defendant, with costs.