KAWHIA DISTRICT.

King Country Chronicle, Volume IV, Issue 205, 4 November 1909, Page 5

KAWHIA DISTRICT.

At the last sitting of the Kawhia Magistrates Court cases of interest to dairymen were heard when the proprietors of U>o Kawhia Dairy Factory proceeded against settlers for failure to supply cream to the Factory. In the case aeainst D. Holmes and H. Derecourt it was contended for the defence that misrepresentations had been made by tbe Plaintiffs with a view to inducing defendants to sign the agreement. In summing op the Magistrate said the evidence was very contradictory. At the Kinohaku meeting Shaw stated that he was prepared to do the carting under conditions. The defendant! swore that Hunter and Ward had stated that they bad actually arranged for the carting, and he was convinced that defendants had entered the agreement on this condition. The representation also took place with Bamfield. and be, the S.M., thought that the defendants were misled. The questions weremisrepresentation of facts to induce signatures to contract: and 2—the introduction of another term in the agreement—it partook a little of both. Their impression was that the plaintiffs bad made a binding contract with Shaw. He would not suggest that there was any. wilful misrepresentation on the cart of plaintiffs, but the defendants were certainly under that impression. Judgment would therefore be given for the defendants with £3 19s cost).

In the case against F. C. Dcrecourt the defendant relied upon the defence that he bad signed the agreement conditionally. The Bench, in summing up, pointed out the discrepancies in the evidence for the defence, and that the reason for withdrawal alleged in Derecou't's letter was of no value, a-» the agreement was already signed and stamped. Judgment was given for plaintiffs with costs.