DISTRICT COURT SITTINGSCARLYLE.

Patea Mail, Volume IV, Issue 328, 8 June 1878, Page 2

DISTRICT COURT SITTINGS—CARLYLE.

Wednesday, June 5. (Before His Honor Judge Kenny). Alexander Black v Joseph Ivess. Claim ;S2OO, for mis-repre-sentation of -s-altie of business of the Patea-Mail, on its beingleased to the plaintiff. Mr Hutchinson appeared for the defendant, and Mr Fitzherbert for the plaintiff. Mr Fitzherbert explained the nature of the case, to the effect that plaintiff had been induced to lease the property on an estimate of value per quarter of advertisements and subscribers, furnished by defendant, and which estimate the plaintiff, after taking possession in April, 1876, found to be incorrect. The estimate was made by defendant on the 12th February, and on account of his desire that the transfer should be kept secret until possession was actually taken, the plaintiff, who then resided in New Plymouth, signed the agreement, and made deposit of £SO as g larantcc of faithful performance, without personally visiting the district. It was not until actually in possession, that plaintiff ascertained the difference between the estimate given, and the then position of the paper. Mr Hutchinson, for the defendant, pleaded that the estimate of value given on 12th February, was correct, the advertisements on which the estimate was based, being then existing, and that there was no wilful mis-representation, but that every facility had been offered to plaintiff to ascertain value of business, by personal inspection of property and books. The evidence which plaintiff desired to prove his case, namely, issues of the paper from and after the 3rd April, 1876, was overruled, on the ground that the

estimate was based on issue of the paper dated 12th February, and was then substantially correct.

After a number of witnesses bad been examined, a non-suit was agreed to, plaintifE tieing- aßjurlgcd to pay nil posts W. A. G. Winchcornb v F. M. Brice Claim for amount of dishonored promissory note, TMG 18s. Mr Hinde, of Wanganui, solicitor for plaintiff appeared and explained that a settlement of the case had been arranged and acepted by him, as plaintiff’s counsel, shortly before trial, on tenns of defendant paying plaintiff’s claim in full, and all costs, and publishing an apology [see advertisement]. Judgment was accordingly entered for plaintiff, on defendant’s confession.