SALE OF A FARM

Dominion, Volume 14, Issue 152, 23 March 1921, Page 8

SALE OF A FARM

CLAIM FOR DAMAGES FAILS.

(By Telaaranh— Suecial Oorre.Dondent.l Masterton, March 21. A case of considerable interest to farmers and land agents was heard before Mr. Justice Salmond in the Supreme Court to-day, when Henry Quigg, farmer, of Belvedere, claimed from William Eagle -£2OOO damages for alleged misrepresentation as to the value and stock-carrying capacity of a farm sold to plaintiff by defendant. Mr. A. R. Biss appeared for the plaintiff, and Mr. 11. E. Hart for the defendant.

Tho facts were stated to be that Quigg, formerly a telegraph linesman, having saved alxmt .£7OO, decided to purchase a farm. Ho approached H. M. Morton, W.F.C.A. representative at Martinborough, who had no farms suitable for a deposit as small as Quigg could offer. Later Morton nnd O’Meara, W.F.C.A. land salesman at Carterton, recommended a property owned by William Eagle, on which a deposit of .£lOOO was required. When the party were about to inspect the farm, Eagle was not available, and Mr. Eagle, senior, agreed to show them the property, in the absence of his son. They inspected that part of the farm fronting the road, but did not trouble to climb a hill at the back to see land on the other side, as Engle complained that he could not walk so far owing to a recent operation. In reply to questions, however, he said (it was alleged) that the land on the other side of the hill was equal in quality to that already seen. Eagle went on to shy that tho land would carry 27 to 30 cows, and plaintiff and the W.F.C.A. representatives were satisfied. Having borrowed .£3OO from the IV.F.C.A., Quigg dulycompleted the ogreement and took possesston, but on inspecting the other side of the hill found that the land was not as it had been represented. The boundary fences, it was alleged, were in a shocking state and in many places layon the ground. Plnintiff inspected the property on a. Saturday and on the Monday following completed the mortgage. He bought 200 cows, with the assistance of the W.F.C.A., but after six weeks found the country would not carry them. After evidence for the plaintiff had been heard Mr. Hurt liaised the point that Eagle, sen., had not been proved to be the agent for his son, and that therefore the present’ action against the son must fail. His Honour concurred with this view. Mr. Biss submitted that the very fact of Engle, junior, selling the property as a result of his father’s representations ratified their submission that the father was the nge.nt of the son. His Honour: But you have not produced evidence that Eagle, junior, authorised his father to describe the property. You cannot claim damages from a person because of the misrepresentations of another who was not that person’s'accredited agent. Your cn’O might succeed if von weito merely asking for a cancellation of contract, bnt it where damages are claimed. Plaintiff will he nonsuited, with costs on the highest scale.

4n enthusiastic, meeting of tho old members of the Wellington Harriers was held in the Y.M.C.A. rooms last evening, Mr. IV. H. Bonnett in the chair, when it was unanimously decided to restart this old club, which was tho pioneer in the sport, and was the means of bringing to the fore «> many champions in davs before the war. Mr. Donaldson was apjiointed acting-secretary, and it was decided to call another meeting by advertisement after Easter, to elect permanent officers and tlx a piogianime for the ensuing season.