AN AMICABLE SETTLEMENT

New Zealand Times, Volume XLIX, Issue 11222, 30 May 1922, Page 5

AN AMICABLE SETTLEMENT

REAL ESTATE DISPUTE ENDED. PLAINTIFF ACCEPTS NONSUIT. In the Supreme Court yesterday, before Mr Justice Salmond, tho civil action, Jacob Henry Tory against Frederick Spencer Easton, respecting .the purchase of farm-lands at Ohau, oame to a sudden and very unusual finish. Plain-tiff was represented by Sir John Findlay and Mr G. A. Loughnan, defendant bv Messrs M. Myers and W. S. Park. CLAIMED £4OOO. Claiming damages to the extent of £4OOO, and making an alternative claim for over £17,000, based on tho difference per acre between the £2O paid by him and the sum of £S alleged by him to be the proper and fair valuation, plaintiff maintained that certain inducements had been used to influence him in closing hirs purchase of the lands. Those inducements, said plaintiff, were . contained in certain marginal notes and headings endorsed on a stereotyped map or plan used by the selling agents when taking him over on an inspection of the. land. Those notes, maintained plaintiff, had reference to the alleged carrying capacity of the sections referred to in regard to sheep and cattle. “ACTED IN GOOD FAITH.” The- action had already occupied the attention of the Supreme Court tor two whole days, when, yesterday, Sii John Findlay suddenly announced that plaintiff, after hearing the evidence produced, had now elected to accept a nonsuit. The defendant, ho said, bad conceded that plaintiff had acted in good faith in the matter, and had apparently been justified in bringing the action on the infoiination supplied to him. Plaintiff, also, was, on his part, quite satisfied that defendant was guilty of no misrepresentation, but had acted in good faith. The defendant’s counsel, Mr Myers, then informed the court that he was authorised by his client to waive all further action. “A SATISFACTORY ARRANGEMENT.” His Honour Mr Justice Salmond concurred in thie arrangement, which he characterised as a very proper one for all parties concerned in the peculiar circumstances existing, it being, Baid His Honour, quite impossible for tho plaintiff to succeed in the suit on the evidence so far submitted. Mr Myers informed the court that, as matter of fact, there had been no real settlement. His Honour, again reiterating his opinion that the mutual arrangement between the parties was in every way satisfactory, made no order as to costs.