LAW REPORTS.

Dominion, Volume 2, Issue 609, 11 September 1909, Page 15

LAW REPORTS.

SUPREME COURT.

A CLAIM FOR £2000.!

ALLEGED FRAUDULENT DEAL IN L,VND. . •» The . civil ..sessions of tho Supreme Court '■■■■ ■: were commenced yestorday.beforo his Honour Mr. Justice Chapman, Tlio first jury caso • . on the list was that of Edgar Lowder Holm- ' : - wood,- farmer, of Maatorton; . v.- Donald Reid,.farmer, .of .■ Silverstresm, near' Upper Hutt, -. claim' £2000, for alleged -breach of contract to purchase land. Mr. Skerrett, XC., with him Mr. Ostler, . v. ■ appeared for p tho plaintiff/ and Mr. Wiiford : • and Mr. Lovr for tho defendant. ITie-statement ; of claim filed by tho plain- \ •■.tilt set' but-that: an, agreement was cntored i' ; . 4 ' into on April.. 19 last by:' which defendant ;i I: :';! purchase : plaintiff's property," Bain-,.vV'F\j;Mse)V;((bouk.;..-Kaif-way^ : ; r ;.-c; Longburn, on - the' railway lino! The agreement, rend: ; ,"Ro,.Mi\ . JiV L. Holmwood's - Bainesse prqperty, of 1463 acres, I now beg to;olter £13 por aero for.tho freehold, terms . ..CMh,-over, mortgage of £13,500, which it .-■;'■■'•• V vunderstood ,is: to romain at. 4) per ; cent, lor'sevou years from May 1 next, on whic! data I: would take. possession. '. Tho nbov olfor to remain open Until Saturday, 24tl . > , instant. Donald Kcid. I hereby accept thi .I-.-.' :■ : • above offer on the terms stated.■ ' E.L Holmwood 19 4 *09 " Plaintiff wa ready. and-willing' 'to conipletostho sale,, bu <•" w- •; ' " ' not' payi- thev- purcbasi money, and on May 12 ho repudiated th< agreement;and - refused to complete it,:■■■ " In his filed statement,.defendant admittw ■ ; having' signed' the' acceptarlco 'of plaintiff 1 : : i £"'w' ; iff I **.>and agreoment , He ;denied,. b'oweyCrj i: ithati\the,.''plaintiff; jvai \ J'Mdy.jand willinc to, complete .the 'sale, ant ,-i; that; he bad -'suffcroa any cjamage ' throngi , the repudiation' of . tho agreement. H< . ' further stated' that he was-.induced to entei V 'fl;' . ..into tho agreement (if any) by tho fraud of;tho.;plaintiff,,and,.'within reasonable time after ho had notice of the. fraud, and before he had receired any bonefit. under, the agree-.-ment, ;ho repudiated and abandoned it. Tlio •' 1 - fraud, > ho alleged, consisted of. wjlfn] mis-the--plaintiff, with r<^^: ! :'! t ?« : . ll y e nWon:<)f y induciii.; defendant, to .make the.ioffer.;;,Plaintiff ; hadt falsel/,."a'nci fraudu- ..." . i lently .represented orally .to defendant that -. the property contained 6QO. acres of first-lass drained : swamp, tho - balance being lighter -.. ...'. soil, '.whereas, .in fdet, pWintifF knew' tho ~land" to contain not, more than- 427 'acrcs :vv;.of'[;:di;iiiried .'swamp, including^'sand ridges V■'•'■. xunnuig, through the; middlo of .a® swamp. Plaintiff, by his agents, fiaudulently. . represented : - that.<there - were ; ■ ; v 150, acres in ; crop, whereas thore' ''were <;■ - .not: nioro- than- 60 [acres," and that' the pro- • .perty'.was well wdtfcrdd,' whereas ;it was not' .well, watered, the .back of the property; not bein«r watered at all. It was also fraudulently represented that tho property had a " ■.''■ carrying; "capacity,"."of ":4000 ""sheep; "and 120 cattle;' whereas plaintiff' .well knew; that 'it W 1)1(1 a carrying capacity of not more than ■ ■ 2500; sheep, and IJO'.cattlo.' i. It was repre* ; °sen;ed that the r 'prop6rty' had : ..a ' carrying .'. capacity of. 3000 owes, 1000 dry sheep; and. 120 .head of eattlc, whereas it: was well CV to-plaintiffi.thafc -the' property"-had" .. not ,a:oaTrying.capacity.'of.moi'e -than' -2500 ewes,..ana' 120 head of cattle. Another: re'- , . 'presentation was that, it :Wa3 .fattening coun-. ' 'th a ?,' l 42o were ; .fattening country.Plaintiff.' had further ■ that. the • , Government Valuer for,'the district-had privately valued the property at £12 10s ••••• ; :,:'.-per; aevo, -.whereaf defendant -itlloged that' a '■'. '• plaintiff.;. Defendant stated that ho l would •. '. ? ot . h*™ entered' into 'agreenient; except : : ;v:/>;:■ Jn - reliance -upon ;;the' ! .truth "of. theso representations. \ .... .. By way of counter-claim, defendant asked ■Vl. ' that -,tho r apreeifieTfitMlogedi tHd "state- 1 . ; ' ' ; irtent -bf claim : ' 'da- 1 claied null and void. EWdcnco in support of plaintiff's caso was ■/,' :• ,concludor\; when' the Court - rose iat ' \p.m. fy. : -- -V-, ; V -: