SPECIFIC PERFORMANCE.

Stratford Evening Post, Volume XXXII, Issue 66, 13 March 1912, Page 5

SPECIFIC PERFORMANCE.

ROBISON-SANSON CASE. ALMOST COMPLETED. ' ALL THE EVIDENCE TAKEN. The Matakana Island case, in which M. €. Robison 'proceeded against Henry Sanson, jun., for specific performance of agreement to exchange, which lias occupied the attention of the Supreme Court since last Friday morning, was advanced another' stage yesterday. Mr. H. D. Bell, K.C., and Mr. Roy appeared for plaintiff, and Mr. R. Spence for defendant. The cross-examination of the defendant was resumed by Mr. Bell. Referring to a previous admission by Sanson, counsel recalled how defendant’s agent (Hodge) had in arranging for the exchange valued the residence on the Stratford property at £2500, and yet ho himself (defendant) only valued it at £2OOO .at the outside. Did it not, he asked defendant, strike that by asking £2500 he was bumping up the value ? Defendant replied., that he was surprised. Mr. Bell: But you did not ask Hodge to reduce that figure. Defendant; Because he said he had offered it to Robison at that figure (£2500), and it would have to stand at that. Mr. Bell: You were satisfied? Defendant: Yes; but I thought it was too much. Mr. Bell: You thought it was wrong, and . yet you were content to do wiiat shocks you, and what you think is wrong. Defendant: I won’t say that; but 1 let it go at that figure, I’ll admit. Mr. Bell: Your son thought Matakana was not worth £1 an acre. What did you think? Defendant: I thought it was not worth what I paid for it. Counsel: But that is not the point. Defendant: Well, I really don’t know what I thought. I was that worried. I realised that I had been badly taken in, and I could not form any opinion of its actual value. Mr. Bell: Very well. If you thought the island was not worth £15,000, you would not surely seek to raise £IO,OOO on mortgage? You surely did not/want to swindle the mortgagor. Defendant replied that he did not value the property, and if the mortgagor thought it was worth £15,000 well, and good. Witness added that if lie could have borrowed £IO,OOO he would have “gone into it, whether it sunk him into the grave.” Mr. Bell: Then you thought, “It is the lender’s money. I .will take it if I can get it?” Mr. Bell suggested to Sanson that then it might possibly have occurred to him (defendant) that he himself might thus be engaged in an improper transaction. Frank Bayly, recalled, said that in August last he was discussing the price of Matakana with F. Kemp, and both agreed that the owners were .asking too much for it. Kemp had stated that if the property was placed in his hands at 20s or 25s an acre he might be able to find a'buyer > for it in the South Island. > i s

Under cross-examination,- - witness admitted haying' .himself .last year heen in a, highly profitable, speculation. S-i ii) Wm. AV.Hodge, land, agent,- residing at Stratford/, -depqsed that ho did not hear of-the grassing, covenant until after the sale had been arranged, when he was informed of it by Sanson. A Bedroom Episode. To Mr. Bell; He was acting for Sanson and in no sense for Robison. He had not pressed the property on defendant. Mr. Bell ; (referring to the sojourn of the party dn 'the island prior to fine sale): ‘"‘lt has. been stated that you insisted 1 ; in sleeping in the' same room as Sahsptfi-^'* : ‘ 1 ’ • Witness:-That is wrong. Tho boot is on the other foot. Mr. Bell: What do you mean by ‘that? ■' ; ■ Witness: Well, Mr. Sanson preferred my company to that of the others. , ; At a later stage witness denied that he had shepherded defendant all the way from Tauranga to Stratford. Sanson, he added, appeared to be very anxious to settle the matter up quickly, as he was afraid Robison might change his mind. Mr. Bell: When (subsequently) ’ Sanson said he had been robbed, did you understand that he was putting you amongst “Ali Baba and the other thieves?” (Subdued laughter.) Witness replied in the negative. Mr. Bell; Then did he make you out to be ah honest man, and the others thieves ? Witness replied that he took Sanson to mean that. Mr. Hell: ( Weil, did you agree that the others were robbers ? . Witness: No. Mr. Bell: (Do you, now, sir ? 1 Witness: No! Mr. Bell: Did you make any protest when he told you he had been robbed? Witness: I said that I considered it a straightforward sale, and that I didn’t think there was any possible chance of him getting out of it. Witness added that subsequently he suggested to defendant that the improvement -clause might .provide the necessary loophole. Witness denied, however, having said to .Sanson, “Don’t tell the Kemps, or they will kill ,me.” Mr Bell: But Mr. Sanson has sworn that you did. AVitness: Well, he is very economical with the truth. I said, “Don’t tell Mr. Spence that I told you.” Further cross-questioned by Mr. Bell, .witness said that a loan of £IO,OOO had been ready in two places for Sanson on the Matakana Island ■property, subject to valuation. To Mr. Spence: Agents do as a rule keep in close touch with their clients, and they don’t like to lose sight of them during negotiations? Witness: Yes, sometimes. ■Mr, Spence: In plain language, Saiison was so hot for the property, you could not hold him back? Witness: Yes; Sanson said to me, “I don’t care a hang for the ewes ■ r> and lambs provided 1 can make the exchange.” Mr. Spence: Did you tell Sanson that you and Fred Kemp were pooling « commissions? AVitness: No; I did not think it was necessary. His Honour: Why did you think so? AVitness: Because it is tho usual thing. A Valuer’s Evidence. Evidence was .next given by John B. Richards, a land agent and land valuer, residing at Stratford, who said that acting under instructions ho inspected Matakana Island in February last. The only reliable method of transporting stock to and from the island was by means of a scow. This was both expensive and cumbersome. Lack of proper access was, in his opinion, a big drawback to tho property, which was practically a sand bank. At various points on the , const there were large sand drifts, the total area of drift sand being

1800 acres. In addition there was a swamp of 1000 acres on the island, which lie did not think was drainable. The vegetation on the land was very scanty, and by far the greater area grew nothing that was suitable for fodder. The result would not justify the expenditure of grassing it. Mr. ,Spence: Would you recommend the island for purchase? Witness: No, decidedly not. I cannot see how that property can possibly be farmed unless one got it for nothing. Its Only Use. Witness added that the only use to .which it could he put was .a game reserve. At the most the island was only worth 10s an acre. Witness then produced two samples of Matakana s best in the way of soil, but His Honour recommended that .as ho was not a judge of soil, he failed to sec the obicct gained in putting them in. Samples of oats which iiact been previously exhibited as a fair sample l,v plaintiff were at this juncture handed to witness for his inspection, following which Mr. Spence asked: Is that a fair sample of the oats you saw .there in .stock on I 1 ebruary -oth l l Witness : Undoubtedly no. The oats I saw were, regarded as a crop, an extremely poor sample. Mr. Bell; No one, then, ought to spend money in attempting to reclaim the island? Witness: As a business proposition, I say no. Mr. Bell: Then, as a business proposition it might to remain as it is? Witness: Yes. Those Sheep. Mr. Boll: Did you notice the sheep? Witness: Tes. Mr. Bell: Now, sir, upon your oath: are they not in first-class condition? , T Witness; The few that I saw i\cie in good condition and looked well. Mr. Bell: So, sir, you merely wanted to find out wiiat you were paid to find. Why did you notice all the sheep ? Di<l you see any that d d not look well? Witness: No; only the dead ones. (Laughter.) Evidence was next given by a .witness named Brown, to the effect that there could bo no two opinions about the poorness of Matakana. He also considered it would be possible to make the island pay at the price paid for it. John A. M. Davidson, farmer, lauranga, and .valuer for the Government in that district, said ho know Matakana well. .He inspected the property on February 25tn last. A portion <of the island was rolling dune land, and the balance very poor kauri gum swamps. Even if it was possible to drain tfie .swamps, he very much doubted whether it would prove . a paying proposition. Judging by the stubble, the oats produced in Court were not a fair sample of those he had seen on the island. As a business proposition he would be very loth to tackle the island. For valuation purposes the unimproved value would not be (placed at more than 3s an acre. In addition there were improvements to the value of 2s 6d an acre.

L. Tollemache, farmer at Tauranga for .the .last .fifteen years, also gave his opinion on Matakana as the result cf a recent visit. Altogether there were about 2200 acres or waste land on the property. The oats he inspected in Court were certainly .not a fair and.honest sample of those grown-on the island. Matakana Was not farmable, and -in witness’ opinion it was mi worth more than 10s an acre.

AAbilter D. Powdrell, of Hawera, chairman of the Patea Freezing .Company' and' other /concerns, who had given evidence on the Flaxbour.no and other important land compensation cases, said .that taking the island a.s a whole he thought t very little of it. In bis opinion the swamp was waterlogged by the sea. He, estimated that the area of., waste land (swamp and sand) ran into 3000 acres. The oats exhibited by plaintiff were not a fair sample. AVhen fully improved the island should, carry a sheep to every three acres. AATthout improvements ho considered the potential value of the island at 5s per acre, but if he were valuing the island he would put a tag on the Valuation, to the effect that he would not advise that any advance be made on at. ,E. H. Young, law clerk, in the employ of Mr. Fookes, Stratford, war also called as a .witness.

This concluded the taking of evidence, and further hearing of the case in the shape -of counsel’s (addresser was adjourned to AVellington to in date to be arranged later.—“ News.”