A WAIKATO LAND DEAL

Dominion, Volume 8, Issue 2574, 23 September 1915, Page 9

A WAIKATO LAND DEAL

; In the Supreme Court yesterday morning the Registrar (Mr. W. A. Hawkins) read the judgment of His Honour Mr. Justice Hosking in . the case in which Herbert Hingley and Leonard Guest, farmers, of Auckland, suod Bichard Keene, cf Wellington," for performance of a contract to .purohaso an area, of swamp, land in the Waikato. Performance was resisted by defendant: on the ground of misrepresentation. . ■ His Honour held that plaintiffs did not point out that "certain lines on the plait did not represent roads (as assumed by the defendant), and he did not think they were justified in assuming, save at their own risk, thjft tho defendant knew that the lines which were calculated to represent roads represented nothing of the kind. His' Honour therefore found that, by-reason of the material representation conveyed by the lines having operated as an inducement to the defendant to enter into the ; agreement, and having been afterwards discovered to be contrary to the fact, .the defendant was justified in repudiating t.ho agreement, and was entitled on that ground to succeed. Judgment must therefore be given for the defendant, with costs according to soale as if.Vjßsol had been claimed. As the defendant failed 1 on the issue as to the quality of-the land, he only certified for ono additional day at .610 10s., and disallowed the expenses of' the witness who was called on that point.- 'Ho also certified for extra ss. per day for two days. At the hearing Mr.. H. H. Ostler, of Auckland,, appeared for the plaintiffs, while Mr. M. Myers and Mr. 0. Beere appeared for. the defendant.