SALE OF A FARM.

Otago Daily Times, Issue 19968, 9 December 1926, Page 16

SALE OF A FARM.

ALLEGED MISREPRESENTATION. CLAIM AGAINST LAND COMPANY. (Per United Press Association.) HAMILTON, December 3. At the Supreme Court before Mr Justice Herdmaii and a special jury a case is being beard in which Frederick Ficeman Rogers, a farmer, of To AwamuUi, is smug the Matarawa Land Company (Ltd.) tor JiICOO damages for alleged misrepresentation in the sale of a utrm at Tokoroa, near Putanirn. Over 40 witnesses are being called and the case is likely to Jast till Friday. It is alleged in the statement of claim that in 1920 the defendant company, being fully aware the land was cattle sick and unsuitable for dairying, suh-divided tho land and olfered it at auction as a dairy farm. Two farms were sold at the sale, but after endeavouring to milk on their lands for two seasons, both farmers had to abandon their holdings on account of their heavy losses of stock through sickness Four separate claims were set down for hearing against the company this session, but three, could not bo reached. Counsel?) for the defence gave a lengthy outline of tho history of the country and asked the jury if it. considered it feasible that a company would spend £70,030 on this country if it had the knowledge that it was unlit for dairying. Was it likely that the company would induce farmers to take land there, advancing money and cattle if it knew the cattle would soon die of bush sickness? Evidence was brought to show that plain tiff and other settlers in Taranaki were informed of the cattle sickness .in the I Matarawa. A witness said his conscience was 1 quite clear that ho told the settlers the whole 1 truth about tho place before they bought. : His experience was that when cattle got sick it was only necessary to remove them another paddock to get them well. The icknoss was- not as bad as was made out. Rogers and quite a number of Taranaki farmers neglected to carry 'out his instructions. The cause of tho sickness amongst plaintiff’s cattle was that he kept them on one class of feed only. The presentsettlers were well satisfied.