SALE OF LAND AND STOCK

Hauraki Plains Gazette, Volume XXXIII, Issue 4500, 6 December 1922, Page 2

SALE OF LAND AND STOCK

DISPUTE OVER PRICE. PLAINTIFF ELECTS NON-SUIT. A dispute'over the amount due Jn respect of the sale of a farm, and also for some stock, was heard in the Magistrate’s Court pn Monday last, before Mr J. H. Salmon, S.M. The plaintiff was David Thomas Clotworthy, of Turua, farmer (Mr O’Neill), and the defendant Albert Jackson Tregowetlh, of Netherton, farmer (Mr Forritt). The Plaintiff claimed £37 10s, the balance due in respect of the sale of the farm ; £5 2s Bd, the amount of certain rates which had not been paid ; .and £56 13s 6th being balance due for stock over and above the liability taken over by the defendant under a bill of sale, making a total claim of £99 6s 2d. The first two items in the statement of cla ! m were admitted by the defendant. The claim in respect of the cows was finally reduced to the question as to whether a certain payment of, £39 paid by defendant to Buchanan and Purnell on behalf of. plaintiff absolved the defendant from payment of the balance due for the cows. Defendant contended that Messrs ' Buchanan and Purnell were pressing plaintiff for a settlement: that Mr Couper, (plaintiff’s agent) saw defendant and promised him that if he would pay this amount for the plaintiff !he would not be required to pay anything for the than to take over.the liability under the bill of sale. Further, that the payment of £39 would be deducted from the amount payable fpr the land. Plaintiff said he knew nothing of this arrangement, and that Mr Couper was not his agent for the sale of the stock. The Magistrate said that the plaintiff was entitled to judgment for the amount admitted, or he could take a non-suit. Mr O’Neil fpr the plaintiff elected to be non-suited in order* to keep open the claim fpr the price of the cows. A non-suit was accordingly entered, with an allowance 'of £4 19s solicitor’s fee to the defendant. The defendant did not claim his own expenses.