£5000 DAMAGES CLAIM

Poverty Bay Herald, Volume LXI, Issue 18398, 16 May 1934, Page 5

£SOOO DAMAGES CLAIM

FARMERS AT LAW SHEEP STATION DEAL (Per Press Association.) INVERCARGILL, this day. Alleging misrepresentation on a number of vital points in regard to the purchase in 1929 of a property of 9497 aerfes at Mossburn, known as Manapouri station, John MacDonald, of Manapouri, a sheepfarmer, and Archibald Allan MacDonald, of Waipori, a sheepfarmer (Mr J. M. Paterson, Dunedin) in the Supreme Court yesterday, before Mr Justice Kennedy, claimed from John MacDonald, of Invercargill, company manager, and Angus MacDonald, of the Plains station, Mossburn (Mr 11. J. Macalister), the sum of £SOOO damages,- being the amount which they contended they had paid in excess of the real value. The plaintiffs contended that as a result of their reliance upon the alleged

representations, which they had believed to be true, they had paid £SOOO too much for the property. The plaintiff’s took possession on September 1, 1929, and still remain in possession of the property. ■The statement of defence was a de- , nial of the allegations of misrepresentation. The defendants admitted that < they agreed to reduce the purchase price by £2500, and that no interest should be paid until February, 191J3, but denied that they agreed to consider a further reduction in respect of the balance of £2500 at any time. They agreed, however, to consider the question of a further concession in interest in February, 1933, if the prices for primary products had not then improved. As a further defence, the defendants set out that they were, and had always been, willing to implement the agreement by the execution of the documents necessary to give effect thereto, and, finally, that if, which they denied, the plaintiffs had good cause for action against the defendants, this had been satisfied by the arrangement entered into, which had IbeeAcceptcd by the plaintiffs in satisfaction of the alleged cause of action. After hearing lengthy evidence, the court adjourned till to-day.