A DISPUTED DEAL

Hokitika Guardian, 19 May 1921, Page 4

A DISPUTED DEAL

A LAND BOARD APPEAL,

At the meeting of the Westland Land Board yesterday afternoon, most of the hearing was taken up in the hearing of an application for. a rehearing (which was granted) and the rehearing of the subject in dispute. was an application for a transfer of Run 55, Wataroa of 18,880 acres by S. G. Ferguson and P. H. Renton, executors in Ferguson’s Estate, to J. McLean (Park and Murdoch). This application had been granted at last meeting, and now after the rehearing was granted, J. J. Mclntosh (Mr Joyce) objected to the transfer being made. Mr Joyce for the objector outlined the position, stating that at the sale the Run had been purchased by Mr Patterson for D. McLean Ltd., and J. J. Mclntosh and the sale note bore the signatures thereon. Since then, Mr McLean had denied that Mclntosh had any interest and in an underhand manner a transfer had been placed before the executors of the Estate (S. G. Ferguson and P. Renton) who bad signed same.

Evidence was led as follows: William Jeffries deposed he was an auctioneer. He was instructed on 11th Dec. 1920 by Ferguson Bros, and Mrs Johnston to sell certain properties by auction, including Run 55. The auction took place on February 28th. at the homestead. Saw Patterson and Mclntosh talking together. There were three bidders for the run, ,J. J. Mclntosh, Hewer and Patterson. Mclntosh dropped out at £33, Mr Patterson was the last bidder at £36. When the contract was to be signed, Mr Patterson said this lot had been bought for..McLean and Co., con jointly with Mr Mclntosh. Therefore in the buyers list filled in the name of D. McLean and Co., and J. J. Mclntosh. Mr Patterson signed for McLean and Co., and Mr Mclntosh for himself. This was all done at the same time, following the sale, t .Particulars of the sale appeared in the newspapers on 2nd. March. On 2nd. March posted sale note to McLean and McIntosh care of D. McLean and Co., Greymouth. It was returned on 22nd. March, when the name “Mclntosh” had keen scratched out. Correspondence that took placo was supplied. On 29th. March received a letter from Mr. A. Patterson who stated that he resented any statement that he did not purchase the property for D. McLean and Co. alone. Witness wrote expressing surprise af such a statement. Did not have any coriversation or communication with V. Renton or S. G. Ferguson over the sales Jill after the last Land Board meeting. To Mr Murdoch—Have no spite against Mr McLean. The name J. J. Mclntosh was in the document before .Paterson signed the document. They were all put in before either signed the note. He did not get the inter-lined writing initialled not considering it necessary when dealing with a man like Mr Patterson. As far as he knew McIntosh, T. Ferguson, himself and Patterson were in close proximity when both signatures wore made. Was not aware that Mclntosh and McLean had telephone conversations between 2nd and 21st. March on the subject.

In the closing stages of Mr Murdoch’s cross-examination there was a smart passage between Mr Murdoch and witness, Air Jeffries resenting the inference that the document had been tampered with, and stating Air Alurdoch was not game to repeat his words downstairs, Air Alurdoch rejoining “You can’t bluff me” and that he was not one to run away. Air Galbraith called the disputants to order and the incident ended.

John James Mclntosh deposed he was an hotelkeeper and farmer. Remembered the sale of Ferguson’s estate. Saw Mr Patterson and had a conversation over what he (witness) was going to bid for, and that MoLcan had asked him to discuss the sale of the run. They agrod to endeavour to purchase the run and go halves, and then discussed the value and price to bid. The run was knocked down to Mr Patterson for £3G. This concluded the sale and Mr Jeffries called on the purchasers to sign the sale contracts. Was present when Patterson signed for McLeon and Co., and then ~r Jeffries told witness to sign and he did so just under Pattersons signature. They were both together at tho table. When witness got to Hokitika he rang up

McLean and the latter asked who was speaking and witness replied “your partner”, and McLean replied “Ts that you Jack,” and that he was coming down and would see him in Hokitika. A few days later Mr Jeffries showed some correspondence to the effect that McLean was repudiating the agreement Saw McLean at Greymouth at a later date and expressed surprise at McLean’s attitude and McLean expressed the same sentiments as to witness’ attitijde. They discussed the question and McLean asked what he was prepared to do. Witness said he would hold to the contract or take over McLean’s share. McLean then asked what he would take for his share and witness said he would not sell for £IOOO. To Mr Murdoch—Had .no agreement as to the purchase of the run with

Duncan McLean and Co., before the day of the sale. McLean between 28th. Feb. and I7th. March did not say anything to indicate that he did not want witness in the run. Witness received a letter from McLean dated 23rd. March which stated he could not accept his claim for inclusion in the run. Robert Ferguson deposed he resided at Mt Herctilos. With his brothers and sisters he instructed tho sale of the property. Previous to the sale discussed with Mr Mclntosh tho area rent and other particulars of the run. Immediately after the sale Mr Mclntosh told him that he had bought half the run. Did not give any instructions to P. Renton and S. G. Ferguson to transfer the run. To Mr Murdoch—Heard the run knocked down to Mr Patterson. This was the case for the objectors. . Mr Murdoch held that the Board would be going beyond its powers to interfere with the transfer before them. | The matter was one that should he | placed before the Supreme Court for decision. The matter in dispute was I a proper subject for another court to decide. He led evidence ns follows: Alexander Patterson deposed he was a manager for D. McLean Ltd. at Hari ) Hari, On the day of Fergusons estate *

sale had a conversation with Molntosh ; i over the run and section adjoining McIntosh’s land. Asked Mclntosh if he : was going to purchase the run and he said it was not worth very much. Witness told him that McLean was determined that no one else should come into the run and witness said if McIntosh would leave the run alone witness would leave the section alone. McIntosh asked if he thought McLean would go partners in the run, and witness told him he would have to make those arrangements with McLean, as < witness could not. Mclntosh then said, j “Oh, we will leave it at that.” Did j not know then if Mr Mclntosh was j going: to bid for the run or not, and j he did not ask him any more. , Witness 1 never agreed to take Mr Mclntosh in ! with him in the purchase of the run. When the bidding reached £35, asked , Mr Jeffries whose bid it was and he j said it was J. Hewer’s. Witness bid another £1 and it was knocked down to witness. The document produced bore his signature, but when he signed, the name of John James Mclntosh as one of the buyers was not therein. Did not see Mclntosh sign. Did not see Mr MelntosJ* about at the time. Mr Jeffries remarked that he was pleased witness had got the run as he did

*• n J. Hewer. He first knew that Mr McIntosh claimed an interest in the run, when Mr McLean rang up and said so. To ,Mr (Joyce—The morning of the sale Mr McLean rang up to see McIntosh about the run, and that he (McLean) wanted the run at any cost, fie said to see Mr Mclntosh as he did not . want to bump him. Was going for the section on his own account. Was alongside Mclntosh during the sale, j Did, not know when Mclntosh stopped bidding. He could not say if there ; was any handwriting on the document : when he sgned it. Witness rang up Air McLean on the night of the sale and told him he had bought the run for £36.. Mr McLean rang up again in a few r days to say that Mclntosh claimed he had bought half the run and witness had denied it. The conclusion witness: came to after the conversation with Mclntosh was that the latter could bid for the section or the run. Joseph McLoan, deposed be was managing director of D. McLean Ltd., Greymouth. Instructed Mr Patterson, their farm manager to represent the firm at the sale. On the day of the sale instructed him to purchase the run and told hint to sec Mclntosh and tell him of the intention to secure the run, as previously witness had discussed the subject with Me Tntosh and lie d’d not want to be runninc against each

other. Mclntosh was rery keen afterwards to go into partnership, but he informed him that he would have t o see big manager and discuss the matter. It was a few days after the sale that a telephone message came and witness asked who was speaking, the answer came. “Tour partner”. Witness did not know who was speaking till McIntosh said it was he. Later saw McIntosh in Hokitika and he told Inin what Mr Mclntosh had stated in Ids evidence earlier as to an interview with Patterson. Said he would have to see Patterson first. On his return sent, Ibo letter to Mclntosh and his cheque to Jeffries, which was returned later. Had further conversation with Mclntosh at Greymouth in which the latter asked what was the matter and that he wanted to he a partner. Witness said that Patterson had not agreed to his inclusion in the purchase of the run and that therefore lie could not agree to it. Further discussion ensued and Mclntosh stated he would fight the matter to the last, ditch. In reference to a letter referred to previously, he had always had the feeling that Mr Jeffries was hostile to witness, To Mr Joyce—Someone had evidently interfered with the document. His manager had stated that Tie did not make any agreement with Mr Mclntosh. The agreement had apparently been added to. He was not prepared to say who had done it. He could not

say what interest Mclntosh could have in making the statements he had, nn less he had misunderstood tho positioi or was attemptng to got possession ol the run by other means. On the morning 0 f the sale he rane up his manager to tell him to purchase the run. Patterson rang up the nignt of the sale and mentioned that he had bought the run. After he had seen the press report he rang up Patterson ind then lie said that he had signed the sale note. He knew at the time witness was .at the Red Lion Hotel that Patterson had stated that he had signed the note and said he would not make any statement till he had seen Patterson. He had been.guided by bis solicitors in the matter of securing the transfer. niis concluded the evidence and he Board adjourned till 10 a.m. next day. At the sitting this morning of the Land Board, the previous decision agreeing to the transfer to McLean and Coy was confirmed.