SUPREME COURT.

Star (Christchurch), Issue 12404, 23 August 1918, Page 6

SUPREME COURT.

CIVIL SESSIONS. TO-DAY'S PROCEEDINGS. His Honor Air Justice Herdman pro. sided at. the civil sessions of tho Supreme Court to-day. CLAIM FOR SPECIFIC PEU-FOUV-A NOE. The bearing of the action, Edward rullarlon Dorman (tanner, Lincoln) v. Oeorgo Herman Tobeck (farmer, Jlal.i----«ell), a, claim for specific performance, was resumed. Mr Boswick appeared for the plaintiff and Air Wilding, K.C., with him Air Bresson, for defendant,. Ihe defendant, George If. Tobeck, gave evidence as lo Dio negotiations inat Jed to his visiting the farm ati springburn. On the way to the property the agent had given him a very glowing account of the prospects of the farm for dairying purposes. Here and there a dairy farm was pointed out to him, and lie was kept supplied with information as to the thriving state or each, also as to fine cheques drawn by farmers for their cream. "But the best of them all is to come,” said Austin, referring to Dorman’s properly. Witness was shown over the majority of the farm by Kogatski. He (witness) had no idea that any disease existed about the farm, and nothing was said concerning it. AVitness did not inspect, the cattle. He was never nearer any animal than about one hundred yards. Austin bad advised witness to offer up to £35 an acre rather than lose tho place, as the prospects were so good. Witness was quite satisfied with what ho saw, and it was not until after tho agreement had been signed and the defip.sit paid that ho became aware of tho disease. Inquiries then convinced him that the place was not what ho had thought. AVitness had also made it clear that the purchase was conditional on witness disposing of his own property to a prospective buyer. This, however, 1 ell through, owing to a in the prospective buyer's family- Tho statement was made to witness by Austin that Dorm ml bad been offered equal to £35 an aero for the larm, and that the land would "grow beautiful wheat to your heart’s content.'’ AVitness at the time had no occasion to doubt tho statement. Witness depended on selling his Tai Tapn property to enable him to pay. £1750 on entering Dorman’s property. His Honor: AVas it your discovery of the disease or your inability to complete the purchase that caused tho change in regard to purchase? AVitness: It was the discovery of the disease. Ho would probably have been able to arrange tho finance. Bub Dorman was also aware that witness depended on disposing of bis own place to enable him to complete the purchase.

Continuing his evidence, witness stated that owing to discovery of tiro disease, together with the breakdown of the negotiations to sell his own place, he wrote to Dorman asking release and the return of the deposit (£250). He even went, so far as.to oiler to forfeit the deposit. To his Honor: On May 10 witness met Dorman and Austin, and was toid that llogatski had agreed to surrender his lease. Nothing was then said aboiit t!ie disease. Ernest Wallace, a farmer residing at Tai Tapti, gave evidence as to visiting Dorman’s farm with Dorman’s agents. On the way various dairy farms were pointed to as being good, but that witness was being taken to the best dairy farm in Canterbury. . ■ To his Honor; To look at'the property was to create an impression that it was a first-class dairv farm. It was thoroughly up-to-date. Continuing his evidence, witness stated that the disease would make the farm useless from a dairying point of view. His estimate of the value was from £27 to £2B. . • To Mr Beswick: From all appearances the land would grow as muchVA witness’s land at Tai Tapu. v ’Witness bad no idea what the trouble was of fiiw it should bo treated.. Ho did"not think that dairying could be carried out in consequence of the disease- ’ Ho judged of the severity of the disease from what ho had heard. (Proceeding.) NEW PLYMOUTH.

[Per Press Association.] NE"W PLYMOUTH. August 23. At the Supreme Court to-day, Norman Henry Mard. for indecent assault was sentenced to four years’ reformative treatment, at Invercargill. George hitzgerald, for assaulting a constable, was ordered to come up for sentence if called upon Harry Earnest Williams, a Norfolk Islander, tor earnallv'knowing a young girl, was sentenced' to four years imprisonment with hard labour on each oi three charges, tho sentences to bo concurrent. He received an addiaonal year on a further count, and n.is also declared a habitual criminal.