FRAUDULENT LAND DEAL

Sun (Auckland), Volume II, Issue 417, 27 July 1928, Page 16

FRAUDULENT LAND DEAL

FARMER AWARDED DAMAGES MISREPRESENTATION PROVED (From Our Own Correspondent.) HAMILTON, Thursday. In the case in which Nicholas Alach, farmer, sued James Cochran Cleland, farmer, Ngatea, for £I,OOO damages for alleged fraudulent misrepresentation in the exchange of defendant’s property at Ngatea for one belonging to plaintiff at Piopio, the jury awarded plaintiff £ 550 damages and gave an affirmative answer to all the issues. The issues were:—Did defendant falsely and fraudulently represent to plaintiff that the carrying capacity of the Ngatea property at the time was 80 cows and that upon the property being fully improved it would carry 100 cows? (2) Did the defendant fraudulently represent to plaintiff that 22,0001 bof butter-fat had been produced from the said property during the previous dairying season? (3) Were such representations, or either of them, made with intent to deceive plaintiff? (4) Did the representations, or either of them, actually deceive plaintiff by inducing plaintiff to enter into the contract? (5) What damages (if any) is plaintiff entitled to against defendant? Mr. Strang moved for judgment for plaintiff in accordance with the jury’s verdict. Mr. Mackersey moved for judgment for defendant in pursuance of the nonsuit point he had raised, or as an alternative he moved for a new trial. Legal argument on the points raised was adjourned.