DAIRY FARM LEASE

New Zealand Herald, Volume LXXII, Issue 22192, 20 August 1935, Page 14

DAIRY FARM LEASE

PROPERTY AT MANGEKE SUPREME COURT ACTION TENANTS* CLAIM FAILS / A dispute over the lease of a 16-nero dairy farm at Sunnyyalo Park, Mangere, gnvo riso to a Supremo Court action brought before -Mr. Justice Smith yesterday. Tho pla nit ills were William Joseph Brai ley and William Espin, both of Auckland, .dairy farmers (Mr. Matthews), who made a claim against Walter Howard • Dawson, of Auckland, chemist and dairy farmer (Mr. Sponco). it was claimed that on December 27, 1933, the defendant let the farm to (.he plaintiffs for ono year, undertaking that it had on it a herd of 12 pedigree Jersey cows of high milking quality, hll of which would be in full profit, throughout the* whole period ol letting. 1 lie rental agreed on was £lO 10s jv month. The plaintiffs alleged that the representations were false in that the cows were not a pedigree Jersey herd, were not of high milking quality, and (hat" half ol them gave only a negligible qurffrt.it.v of milk or none at all. Tliev stated that defendant had refused to compensate them or to replace the cows, and on August 18, 1934, after hfcavy loss, they had been compelled to vacate the property. They claimed a total of .CI 13, made up of expenses of removal, rent and wages, and 5 per cent interest upon this sum. They put in an alternative claim for £IOB, in which the chief item was £l5O damages for alleged false and fraudulent representation. The defendant denied all allegations of misrepresentation or that plaintiffs had suffered any loss, and counterclaimed for £-12 lor four 'months' rent and £9 5s lid for damages to a building. Mr. Matthews said ho desired to base the claim chiefly on allegations of fraud. Tho whole case centred on the herd of 12 cows. Dawson was asking £l2O rental from cows whose outside production was £SO a year. It was obvious the plaintiffs had been led astray by plausible misrepresentations. The plaintiffs and other witnesses gave evidence in support of the allegations. In asking for a nonsuit Mr. Sponco said tho plaintiffs had not proved their case on any of the causes of action. They had not acted on the representations made to them. His Honor said the agreement that had been entered into contained no reference to the nature of the herd or its milking qualities. '1 he plaintills did not rely on the truth of the defendant's representations in signing the contract," but on a statement by him to the eflect that if the representations proved incorrect he would adjust the matter. J hat seemed to bo a complete answer to a claim based on fraudulent misrepresentation. The plaintiffs were nonsuited, and costs allowed to defendant on tho lower scale, with witness' expenses and disbursements.