DISPUTED VALUE

Wanganui Chronicle, Volume 74, Issue 190, 13 August 1931, Page 6

DISPUTED VALUE

LAND DEAL IN COURT > T RECISSION OR £7lOO On the grounds of misrepresentatiol as to the carrying capacity of the land, n-d misrepresentation as to the right to purchase the freehold, Alfred Emmett, settlor, of Palmerston North, yesterday procco led against William Franklin Gardiner, settler, of Hamilton, in the Supreme Court at Wanganui for a total of c 7lOO or the recission of a transfer of certain lands. The several items in the statement of claim were, (1) £lOOO for loss on the working of properties, (2) recission of the contract, (3) the transfer uf certain lands from tho defendant to tho plaintiff, or, in the alternative £4650. 64) the return of the sums of £4OO and £2050, and interest thereon, and (5) damages. The farm, of 1726 acres, is at Koroniti, 26 miles up the Wanganui River, other lands concerned in the case being in the Atanawatu district. Appearing for the plaintiff were Afessrs P. E. Baldwin and A. AL Ongley (Palmerston North) and for the defendant, Air C. L. Mac Diarmid (Hamilton). Plaintiff’s Evidence. Tn evidence, Alfred Emmett, sheepfarmer for 28 years, plaintiff, said he had fanned at Choltoham and at Waitotara. Ho was six years at ham on good country and about twff and a-half years st Wai. There were about 950 acres in grass on tho Waitotara land. That country wintered about 1200, mostly dry sheep. Since then he had been dairy and sheep-farming for about 20 vears at Otaki.

When the bargain was made, witness hal certain properties in Palmerston North, nine in all, three being unencumbered. In consequence of a conversation witness had with a Mr Williamson, defendant came down and inspected the properties at Palmerston North on Al ay 22, 1929. Witness arrived at the farm at Koroniti about. 1.30 p.m. on a later day, and ho and defendant were out inspecting until dark. He saw tho best of the farm. He s.w a good many hoggets, some owes in low condition, and some cattle. The hoggets were in very low condition in some cases. Tho fences he saw were “not too good at all ” They were fairly rough. Mr Gardiner said that he had just pulled one fence down and that a horse had broken a few posts. Carrying Capacity. When asked what the place would carry defendant had said it would winter 2500 odd sheep, of which 1500 were breeding ewdS, 190 to 200 head of cattle, and some horses. Defendant had said the tenure was Maori lease, about 20 years to run, 2s an acre rent*, and that the freehold could be had any time at £2 per acre. There was poor crop of 10 or 12 acres of swede turnips and maize with hoggets grazing on it. The crop might, have wintered 200 hoggets for two months. I h case was at tins point adjourned until 10 a.m. this morning.