CIVIL CASE

Dominion, Volume 13, Issue 41, 12 November 1919, Page 2

CIVIL CASE

A PROPERTY TRANSACTS N His Honour -Mr. Justice Edward? ond a jury of four heard the civil ca3o of J. JJ. Hale, a returned soldier, v. Hubert Bryden, of Wellington, a claim for rcI'urii of 4)100 deposit, also .£IOO tlnmnjjcs. Mr. T. Neave appeared for the plnintiff, and Sir. 0. C. Mazongarb for the defendant. '.Ml'. W. J. Pwiruian was foreiiwin- of tins jury. The statement of claim set out that tho defendant, through his agent, J. ]). Mnrtin M'lntyre, agreed to sell the property known as Ko. 236 Kintoul Street, belonfrincr to tho defendant, to the plaintiff, nil July 29, 1919. It was alleged Hint it had been represented to the plaintiff by the defendant atid his agent that the' dwelling-house was not more than eight rears old. and was free of worm and borer. It was further represented to plaintiff that, the property was a proper [security for au advance of -CGSD from the Disehaged foltliere' Settlement Department. That Kueli representations were malerinl and induced tho plaintiff to purchase the- property. Tho representations, it was alleged, were faN-p' that the property had been built for maiiv years in excess of eight years, and was infested .with worm and borer, r.ncl was not a security for an advance of .EG.iO, and' the Department had refused to make any advance whatever on tho nropertv. The plaint in lurlhev alleged" that the representations were moc.e fraudulently, and were either known to, lv* f'il-e or were made recKlesslj anu rithout care whetlier they, vrcrc tr.io or false The. Plaintiff rescinded the contact" and demanded Hie return of Piflfi paid bv way of deposit. ,Unl filled to vaiso the said moigoe. 5 nfier such failure plaintiff rescinded fKS piaintHf that Ih. K^old.^il.atthedininK-

rooin had been added six or seven years later, and that the whole of tho remaining portion of the house, including tho inside, conveniences, were from eight to ten years old. Tho defendant domed < that he" had represented tho property as | n proner security for an advance of j:650 from tho Discharged Soldiers' Settlement Department, and further declared that he stated that he would have nothing to do with the Government. The defendant declared that tieforo tho signing of the contract he was informed by" a firm of solicitors .that they could raiso a first mortgage of <£GSO, and the loan was arranged prior to September 1. and the money was available. until it was definitely ascertained that the -plaintiff refused to complclo the purchase. Several witnesses were called on both sides. His Honour, in addressing tho jury, said that the questions at issue were whether .the defendant had represented that tho house was eight years old or thereabouts, and no more, and whether it had been represented that the dwelling was free from borer. It was immaterial whether the purchaser was induced by a statement which was not a fact. One witness stated he was- of opinion that tho house was. infested with borer, particularly in the foundations of the building. The point had been raised as lo whether, the fact that a house contained borer was a matter for. much concern. The borer, it would bo rememliered, had a very,great effect upon tho value of a m'operjx. If they (the jury) .concluded j that it! had .been represented to the plaintiff that there was no borer present— that a representation to that effect, had been mn'de an answer to a serious statement—then he was entitled to his deposit. That alone would be sufficient to justifv the plaintiff's demands,. also they had to decide whether the defendant represented the age of the dwelling as a whole to be einrht years, or that he had stated that ft certain portion was that age, while oljlier parts were as old -as 19 or 20 years. • „ The jurv, after a short retirement, awarded the plaintiff. =£100, the amount of his deposit. . pauhbrstonnortb criminal / SESSIONS alleged' cottnsrlltng to murder; Br TcU'irapii—Srecioi Correspondent. Palmerston North,' November. 11. At the criminal session of the Supreme Court Robert Ferguson,. Hay. was sen. fenced to three months' imprisonment for theft, of a bicycle at'Palmerston last August. ' ''.' . ' ,'. '.'... , Charles Cookery was acquitted on tlie ! charge of having attempted to; procure persons to murder Detective-Sergeant Quirko by blowing up the latter s house.