SUPREME COURT.

Rangitikei Advocate and Manawatu Argus, 6 March 1913, Page 4

SUPREME COURT.

MARTON LAND CASE.

The Manawatu Times suppjj, following:— i Interesting facts came out y, day in the Palmerston lawsafore the Chief Justice as to the puted deal in a Marlon fans perty. The case was one in a Palmerston syndicate of capj| agreed to buy 609 acres at jj from a farmer named Antlers £35 per acre on certain tenaj] syndicate paid deposit of £150( subsequently repudiated the alleging that the terms had not carried out by the vendor. ! terms were that the vendor ha* some of the sections to expe*j dairy farmers at £45 per acre. The defence was a denial th s sale was contingent on such j tion and Anderson counter-oi for £2500 balance unpaid of th instalment arranged. ■ Joseph Jacobs, solicitor, gan flence as to the paying of thed and the terms on which it was Arthur Hylton Brisco, a j farmer of Palmerston North, he formerly inspected the pjs with members of the was not impressed by it. s; Walter Edward Barber, $ and a member of the syndicate he would not have gone ini transaction but for the go* that certain sections were ae sold to local buyers. William Prank Thertleßoa, agent, a partner with he had been prepared to buyj of this property in conjunctioj Anderson, the vendor, Burg® partner, and another. This'll tion was to be put in witness’s but it would not be true to dt him as a dairy farmer, as he nothing about it. He was stlj pared to.go on with the purcbj his section.

Mr Graham, solicitor to then gave evidence of his dealing Mr Jacobs, solicitor, of the i Longhnan and Jacobs. At tb stages of the transaction, Jacobs'wanted to make the action contingent on certain j tions, to which witness obj Finally it was agreed tlis Jacobs should send the deposit ing the condition as to area, t that any dispute thereon coni matter of compensation amVni nul the sale. The money cm ward with the conditions as j In the second month afterwai heard from the syndicate and learned for the first time i evidence of the memorandum submitted. It was a compld prise to him that any such; tions existed as a basis of tb W. H. Lambert, of Pain North, the sub-agent engage! Burgess in effecting the deal, that at the last conversation:! ground Me Loughnan said, ; understand lam only buyia property subject to the sales ( sections being complete.” were present Messrs Fraser, i son, Loughnan, and himself, mark was made that this was much like the vendor having, the property twice over, but • agreed to get the agreemej writing as to the sales of tbi tions. Thereupon the memois was prepared Mr Loughuai this was insufficient, and askis proper agreements to be pw as arranged. Witness assure! the sections were actually bo! as only a matter of Burgess I time to go out with the doom to get the signatures. The i randum was not exactly inteni a substitute for the agreement! as a guarantee that the agree were as good as signed and wc produced. $ William Burgess, of H Anderson’s agent, who tb Lambert got into touch wit syndicate at Palmerston,: closely cross-examined as t genuineness of the supposed si the sections to farmers. This concluded the evidenci Judgment was reserved.