SALE OF SWAMP LAND

Waipa Post, Volume 42, Issue 3303, 30 May 1931, Page 5

SALE OF SWAMP LAND

SWISS FARMER'S CLAIM

VERDICT FOR DEFENDANT. (Bv Telegraph. Press Association. HAMILTON, Friday. Reserved judgment Was given today by Mr Justice Smith in the case in which a young Swiss, Arthur Otto Frederick Schultz, farmer, of Pukerimu, sued John Odlin and Co., Ltd., Wellington, for £2500 damages for alleged misrepresentation in the sale to him of a piece of land on _ the Monavale swamp, between Hairini and Cambridge. His Honor reviewed the evidence at great length, and said it was for a jury or a judge of fact to determine whether there was a substantial distinction between allegation and proof. In his view such distinction existed in the present case. It followed that plaintiff could not in this action, founded upon fraud, prove the representation alleged by him to have been made in writing, to the effect that every two or three years some 30 or 40 acres in each section might easily be brought into profit. Alternatively, if the words relied upon were reasonably susceptible to more than one construction, his Honor considered that plaintiff acted upon them at his own risk, unless he made an inquiry. In his Honor's opinion the words "brought into profit" were susceptible of more than one construction. It followed that if plaintiff had been deceived it was not by the words themselves, but ,by the construction of them. With regard to the second representation alleged, that plaintiff should be able to pay for the property in 13 years from the date of possession, his Honor held that plaintiff had failed to prove it. As to the third alleged representation, that defendant told plaintiff the depth of peat was only a few feet, whereas it varied up to about 30ft., his Honor said his conclusion was that plaintiff had not proved this representation.

His Honor held that plaintiff had failed to prove the case alleged in the pleading. He must, therefore, pay costs according to scale as on a claim of £2500, and witnesses' expenses and disbursements, to be fixed by the registrar. His Honor certified to £ls 15s costs for the second day of hearing.