SUPREME COURT.

Star (Christchurch), Issue 12406, 26 August 1918, Page 6

SUPREME COURT.

CIVIL SESSIONS. TO-DAY’S PROCEEDINGS. , His Honor Mr Justice Hardman presided at the civil sessions of the Supreme Court to-day, CLAIM FOR SPECIFIC PERFORMANCE. The hearing was resumed of the action in'which Edward Fullarton .Dorman, farmer, Lincoln (Mr Peswick), asked for specific performance by George Herman Tobcck, farmer. Halswoll (Mr F. Wilding, K.C-, with him Mr Grosson), of an agreement for the purchase of certain land between Springburn and Stavcley, the payment of £IOOO damages, or, alternatively, the payment of £1750, the second instalment of the purchase money. The case is now in its third day of hearing,' and the evidence being tendered is in the way of rebuttal to that brought by defendant. Elizabeth Mander Hall stated that she went to live on the farm in 1912, with, her father and two brothers. They established a dairy herd and had one hundred cows. When witness’s father died, she and her brothers bought the farm, giving a second mortgage for £12,000. In 1916 they put the place up for sale, with a reserve of £32 10s an acre. Eventually Dorman cam© on the scene and an exchange was arranged. It was in 1913 that,witness first noticed that there was something wrong with the cows. Five cows became affected. : Two died, one wa§ destroyed, and the two others got better. Notwithstanding the, difficulty; dairying 'was continued and the herd was increased. To his Honor: No cows were affected during 1914. It reappeared in 1915, and in the middle of that year a few went lame. Subsequently the greater part of the herd became lame. Only milk cows were affected. To Mr Beswick; The Government veterinary surgeon, when he was called in, altered the treatment entirely, and the health of the cows improved- Tire' disease ■ disappeared. • If the farm had not been sold dairying would have been continued by, witness and her brothersAndrew Townley, a farmer and denier, of Ambsrley, formerly of Southland, gave evidence that he inspected the farm with the object of buying it. He did not secure it, but would buy t}io farm to-morrow. Ho was prepared to pay .£34 an acre, for it at the time ho visited the place. Witness knew cf the disease, but did not worry about it, as, from his own experience, he could say it was in every part of Southland where milking of any importance was carried on. The presence of the disease did not affect him in the slightest in negotiating for purchase. Witness recounted some.of his experiences with the disease, and stated that of 4000 beasts he had pm. through the Matanra freezing Works in iwo seasons, from 500 to 100 were affected with it. To his Honor; The disease did not affect the flesh for eating. Beasts affected with it wore passed by the slock inspectors for killing purposes. To Mr Grosson; If a cow Avas removed from a herd and allowed to run about clear of a milking-yard, the disease. would disappear. It was neglected cattle that.went under. The property, between dairying and cropping (other than Avheat), was, he considered, a good proposition. Despite the disease, witness Avon id have no hesitation in buying the farm. Anthony Rogatski, the lessee of the farm, stated that ho had done a lot of dairying work at, the Taicri, but. prior to leasing Dorman's place he had been for six years a. taxi-cab driver in Christchurch. Witness gave details as to the lease, and as to his surrender for n certain monetary consideration. Witness, continuing, stated that he was well satisfied with the property, and had alone very avo.ll during the time lie had occupied it.He submitted items and figures which showed that ho had secured a return of £1973 for an expenditure estimated at £931. The first time his cattle became affected "as on March 1, 1913. r Jho disease was couimqn to the district. Witness’s coavs soon recovered. He believed the disease existed in the yard alone. If the yard were concreted he believed the trouble would disappear. Witness would be glad to take up the lease again. THEFT OF CRASS SEED, [Pkr Prbss Association.] r , August 26. °? laS 'h’nv 1 ' Ivcm IV charged with theft, irora theflFarmevs’ Union Trading Company ol grasss seed, valued at uas sentenced to one Tear's imprisonment, An application for a new trial teas refused.