LAND DEAL CASE

Star (Christchurch), Issue 16987, 10 March 1923, Page 12

LAND DEAL CASE

HEARING CONCLUDED. l,earin K of a claim by Kenneth -i liuvali, hiriner. Kniapol, truaiv* undo: the will oi the late William G. -M lutosh. against Hei bert Henry Look, land agent, Christchurch. ana Donald M in tosh, tanner, ol Tuhikara-ii.-ea. Am kland. loi the sum of £II6G *- s bd, damages for breach of covenunder a lease, \rn s concluded in th) Supremo Court yesterday before biHonor Aii Justice Adams and a jury { J

I twelve. Ihe action arose out of the i lease of .. farm ol 23? acres at Springi swn by the hire William (i. M’lntosii i Cook and Donald M’Jntosh as part- ! oers. Ccok counter-claimed for £60.) : 18s. Mr O. 1. J. Alpers, with hin. ! Til- •» *•- bun ngiiaui, apijeared for j plaintiff, and Mr -f. H. ( pham for i Ccok. Donald. 31 In tosh did not file j defence and was not represented. The jury retired at oli p.m. ana - returned with their verdict at 10 p m. i Yhe following were the questions j submitted to the jury and the answers | returned : 1. Hn> the defendant Herbert ; Henry Cook committed the following breaches of lease or any one or more of them : (a) Failure to clean the ditches, grub gorse and trim fences? If yes. state amount of damages.—Yes. £-50. Cb) Failure to repair gates, stables and stalls?—No. (r) Failure to farm the said land in a prr>i»er and husbardlike manner and to yield up the said land and premises in good and tenant-able repair and eon dition ? No answer. (di Failure to deliver up any implement? No. (e'l Failure to take proper care of any implements?— No. (f) Failure to replace at ih« eivpjrafcion of t-Jae !«ase anv ofiafF or If yes, state amount- of damages Yes. £9O. 2. Did the plaintiff wrongfullx deprive the defendant- af the u#»g of an > 1 farm horses and farm as | from -June 13. 1919 until the »r.d of ' the lease r 1'? so. xhat damages 9 Ye? 4? 3. Was any fraud committed bv the Into William Garrnw M'Tntosh on the defendant. Herbert H*-nr> Cook, bv any agr»*emetit- between himself and Donald M’ln tosh wherebr Donald M'Tntosh hn= received :i rehat** fr*»m the rent rf tlie lease.- No.