CIVIL SESSIONS.

Wanganui Herald, Volume XXII, Issue 6496, 26 April 1888, Page 2

CIVIL SESSIONS.

(Beforo His Honor Chief Justice Sir James Prendergost.) Wednesday. CBAIO T. STUDHOLMB.

The case lasted the whole of the day, much evidence being taken for the defendant to show that the sheep mentioned m tho statement of claim wore not so many as had been made out, and that the damage done to them was not as great as the. plaintiff said it was. The jury retired about 8.30, and at 11.5 having consulted His Honor once, they returned with a verdict for plaintiff for £250. Costs wero entered on the middle scale.

Thursday.

(Beforo His Honor tho Chief Justico and a special jury of of twelve.)

THTJBSTON V. SMITH.

Mr Fithorbert for plaintiff, and Mr Travers for defendant.

Mr Fitzherbert stated that the defendant admitted their claim, but had a counter-claim on which he ought to open. Under these circumstances they asked that judgment be entered for plaintiff for £559 Is with inteiest at 8 per cent, from 18th February to date of payment. Mr Travers stated that he agreed to this, and would proceed to state bis- case on the countor-olaim.

Tho following jurors were sworn to try tho case — R. C. Tennent, J. Stevenson, 3. P. Watt. G. Carson, M. Jones, H. N. Harrison, J. F. Cutfield, E. A. Campbell, D. Peat, T. Steole, A. McNeill, and A. D. Willis. Mr Peat was chosen foreman.

Mr Travors opened his caso. The defendant Btated that when tho property in dispute ivas sold to him Tie relied on certain representations which proved to bo false, and from which he had suffered loss. It was represented that 400 acres had been fallen, while in fact there wore only 200 acres. Mr J. W. Thurston was the owner of land near Waverley, consisting of four sections 8, 11, 12, and 32, containing 501 acres, which he was desirous of disposing of. Ho gave instructions to Mr Fookes to find him a purchaser. Mr Smith consulted Mr Fookes about property, and got a description of this property. This description had been taken down in -writing from the mouth of Mr Smith. A letter sent to Mr Smith said there were 400 acres in grass, the remainder light bush. Mr Thurston having been referred to Mr Smith wrote a letter to him. Thoy visited the property. Mr Thurston pointed out tho goneral run of the land and especially tho eastern boundary. Since then a surrey had been made by Mr Finnerty, showing the area ingress and in bush. Mr Thurston had made the same statements to Mr Smith, junr., who a few days later visited the land with him. He would produce a letter from Mr Smith practically acknowledging thero had been misrepresentation. In the following February (the visit being paid in November) the land was taken over. When Mr Smith went to put stock on the land he found he had been deceived in regard to tho area of the land, and took steps to ascertain whether the boundaries were correct. He communicated with Mr Thurston, and they had an interview at Mr Fookes'. He complained that there had been misrepresentation as to the quantity of grass land. Mr Thurston gave him in detail what he believed to, have been the area cleared, and he made it about 030 acres, When asked what he was going to do about tho grass land being short, he loft without giving an answer. Mr Smith thon wrote asking for a reduction, and received a reply from Mr Thurston in which ho suggested that Mr Smith should pay what he thought proper, itnd leave the question of reduction open to arbitration. There was other correspondence of a similar character, and in nono of his letters did Mr Thuraton deny having made a representation that there t» oro 400 acres in grass. Proceedings wero then commenced, a* the parties failed to come to an understanding. A survey had then been made by Mr Finncrty which gave 232 acres in grass and 269 'acres in bush, in place of being what was represented, while a lot of tho land was valueless, and they claimed therefoio compensation for the land sold linger misrepresentation as good land. They also claimed for reduction in vahwforplearcd land being less, rendering it necessary to expend time and memoy on clearing, and for the damage to the farm, as a whole, by reason of a lot of ifc being of a precipitous character, tho difference between 15s (its value) and £4 10s or £5. The ovidenco of Mr Fookes, the agent w ho had tho land for sale, and Mr Valentine Smith, tho defendant, occupied the Court till one o'clock and tho Court adjourned till i 2.15.

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