SUPREME COURT.

Dominion, Volume 4, Issue 1091, 1 April 1911, Page 13

SUPREME COURT.

TWO MEN GO IN SEARCH OF LAND-

WAIKATO CASE. THE OTHER .SIDE BEGINNING. Tlio Waikato land caso was resumed in the Supremo Court yesterday, before Mr. Justice Chapman. In this caso Herbert Carter and James W. Body, of Wellington, sought the rescission of an agreement with John W. Chapman, dated February 14, 1910, under which plaintiffs covenanted to purchase portion of the Hillside Woodlands Estate, near Hamilton. Plaintiffs also claimed £007 16s. 4d., deposit paid on the land, and amount paid out of pocket. Mr. T. M. Wilford, with him Mr. Cracroft Wilson, appeared for plaintiffs, and Mr. A. Gray, with him Mr. Tringham, for defendant. The cross-examination of Harry K. Robcrtshaw was taken up by Mr. Gray. Witness, in reply to questions, stated that lie was not a practical farmer, but had taken up'the land because lie thought that it was good and fertile. After trial, however, he was not satisfied. Ho had been present at a meeting which had also been attended by Body and other purchasers in the block, but it had been his intention to take proceedings after giving full time for tlio grass to come through. A Practical Farmer's Visws. Wm. Tickers, farmer of 30 years' experience, said that lie had speculate?! in Waikato lands, and, at one time, held the block in which plaintiffs' section was situated. After he got the land ho saw exactly what it was. Somo of the frontago was fairly good land. Ho "swopped" the laud to Chapman for some house property in Wellington, lie had never seen the Wellington property. Ho took Chapman's valuation of the houses. Before selling the land to Chapman, witness and Chapman went over tho Waikato property. Chapman asked witness if the Telephone Road was a public road, and witness answered that it was a road used by tho estate, and could be closed against tho public at any time. Witness pointed put that it was an asset, as lie could' apply to tho Road Board and have the road dedicated. It could be formed at a very little cost. To Mr. Gray: Ho had. never told Chapman that tho property had two frontages which would increase its value for subdivision. Searchers for Land. Clias. A. Joll3', secretary ct tho Wellington Dairy, Company, stated that ho had seen an exhibition of Waikato produce in Baker Bros.' window, Wellington, and had subsequently gone to tho Waikato. Pie had inspected Chapman's land, and had found it was very wet and swampy. A green scum on the water made it look as though it had been there for somo months. Ho had had ten years' experience of farming, but ho thought that this laud would bo too much of an experiment, and he left it alone. John Geo. Wilson, farmer, said that ho had visited the lands in question. He gave evidence on similar lines to tho previous witness. To Mr. Gray: He had had no experience of swamp lands. Ernest S. Garrett, butcher, stated that ho had been in search of land, and had seen Chapmn'fi fit'" company, with • witness, Robertpfid'%|,cj^p.bqijaifed ; in tho main the evidenco ''•'given "'by' : Robertshaw on Thursday. To Mr. Gray: Ho had never been a farmer, and'had no experience of swamp lands. Thero was not much difference between the land which they saw from the Telephone Road and the country which they passed through going to that spot. Witness had never been on tho property since ho bought it. In the meantimo he had paid something towards making boundary drains. Ho would not swear that he did not pay interest to Chapman after Body had told him that the Telephone Road was not a dedicated road. This concluded the plaintiffs' case. • His Honour remarked that, owing to the importance of tho case, he thought that ho had better endeavour to sit on next week to complete it, and try to make some arrangement for his absence from tho Court of Appeal. Counsel had better attend on Monday, when the Court of Appeal business was being fixed. They might be able to go on with the caso at midday on Monday. Caso for tho Defence. Permission was granted to Mr. Gray to call urgent witnesses from tho Waikato before opening his ease. .Mr. Grayasked formally for a non-suit. Firstly, aS to tho first cause of action, which alleged fraud, counsel submitted that there was 110 evidence in support of that allegation. As to tho second cause of action, which alleged misrepresentation, without fraud, ho submitted that plaintiffs had wholly failed to prove that any of. the alleged representations ivere untruo. Thirdly, tlio plaintiffs should be non-suited because they had shown that, with a knowledge of tlio :ircumstances themselves, they had alccted to continue their contracts. I'hat was to say, they admitted that they knew, as early as April last, that the road was not a dedicated public road, and that the representations as to the quality of the soil, etc., were untrue. Notwithstanding that discov- ' cry, they had continued in occupation, and had continued to pay interest. Ho (counsel) asked leave to elaborate these points later. James Edward Thompson, surveyor, of Hamilton, stated that ho had surveyed the land in November last in ' company with the engineer to the Kirikiriroa Road Board. It was found that tho wash on tho ground was as it was shown on the plan. They found tho width of tho Telephone Road to be a 1 chain, within which was tho drain. 1 There was plenty of fall for drainage on tho sections. When lie visited the 1 land a week ago it was quito dry. One ' of Body's drains was sodden because no ■ fall had been provided. 1 "Thought tho Land Was Worth Somsthlng. Mr. Wilford: Supposing that the land coukl be kept dry for ever, would you give a shilling an aero for it? Witness would i.ot give a definite estimate, but thought that the land was | worth something. Charles 0. Fair, a Waikato farmer, and one of tho original selectors of a ] portion of tho Woidlands Estate, stated that before signing tho agreement of purchase, hb -had satisfied himself that tho roads shown on the plan were to bo. handed over to tho local body. Ho had sold out after two years' occupation, just when ho was. getting tho timber on tho error,nd to build. Ho found no difficulty in draining tho land. ] It was all a matter of money. Ho did \ not run stock nil over the land—only ' on the front portions. Tho land was much better now than when lie sold it. In his time tho drains were very bad, but tho land was not subject to floods. The stock which ho ran on tho land did well, and was sold as fat stock. He had had a good deal of experience on swaimi lands. Properly treated, the land ill question could bo cultivated. To Mr. Wilford: Ho had no interest In the result of thp caso. No one had | ever written him suggesting that he should intercept any letters. , Frederick W, Littlcwond, farmer in the Y/aikato, stated that he had known I the property since 1870, and he gave evidence as to the diainage of the i lands. A few years ago ho thought

[ that rush swamp was worthless, but after what ho had soon ho had been forced to chango his views. It had been clearly demonstrated what could l)o dono with this class of land. The .drains in Garter and Body's land were almost useless. In his opinion. Carter and Body's land was worth about £4 an acre. At this stage (0 p.m.) the ease was adjourned until 10 a.m. to-day. LAND AGENTS' COMMISSION. An action heard in Pilmorston in regard to a promi.-:sory-note was the subject of a rcse-.ed decision yesterday by Sir. Justico Cooper. The plaintiffs, ; Harcourt and Co., Wellington, chimed £275 and interest upon a pro-missory-note from Josso Jas. Hills. His Honour gave judgment, for plaintiffs for £'275, with S per cent, interest from the due dato of the note until judg-.ncnt, and with costs on tho middle scnle. At the hearing Mr. Peacock appeared for plaintiffs and Mr. H. R. Cooper for defendant.