RE-TRIAL SOUGHT

Dominion, Volume 14, Issue 134, 2 March 1921, Page 6

RE-TRIAL SOUGHT

THE 'SALE. OF A FARM.

In Hie Supreme Court on Monday, before His Honour Mr. Justice H < ? 9kl ” Et ’ a motion for re-trial was heard in the ease of George Henry Qumn, of Mokoi.a, farmer, v. .Alfred Benjamin Catchpole, of Ohaupo (Waikato), farmer, which a jury at New Plymouth found the defendant guilty, of misrepresentation, Mr. Justice Hoskiiig being on the bench. The/ cose was the result of the sale of the defendant’s farm at Mokoia, and damages to the amount were awarded the plaintiff, who had claimed JC3S(M). Mr T. Young opposed the application on behalf of the plaintiff Quinn and Mr. A. Blair appeared for the defendant , the plaintiff had bought the defendant fl farm a. Mokoia for .£B6 an acre, having been led to believe by Catchpole that it would carry 35 head of milking stock on the flat and. moreover, would winter •: head of stock- Plaintiff after purchasing the farm, estimated that only -5 cows could carried. For the appellant, it was submitted that the re-rial should be B™nted on the grounds that the verdict of the jury was against the. weight, of emdence, that ,the damages were excessive, and that ’the iurv were misdirected. After' legal argument was heard. His Honour reserved his decision.