CLAIM FOR £l,000

Sun (Auckland), Volume II, Issue 414, 24 July 1928, Page 13

CLAIM FOR £l,ooo

EXCHANGE OF FARMS ALLEGED MISREPRESENTATION (From Our Own Correspondent.) NGATE A, To-day. A claim for £I,OOO damages for alleged fraudulent misrepresentation in connection with the exchange of a farm at Ngatea was made by Nicholas Alack, farmer, Ngatea (Mr. Strang) against James Cochrane Cleland, farmer, Ngatea (Mr. Mackersey) in the Supreme Court before Mr. Justice Blair and a jury to-day. In his statement of claim plaintiff set out that on July 1, 1927, he owned 770 acres of leasehold property at Pio Pio, and the defendant was the owner of an area of 124 acres at Ngatea and 12 acres at Blockhouse Bay, Auckland. In May, 1927, an agreement was made under which an exchange was effected.

Plaintiff said that defendant represented that the then carrying capacity of the Ngatea property was SO cows, and that upon the farm being improved it would carry 100 cows; that 22,0001 b of butter-fat had been produced from tho property during the preceding dairying season, and that £6OO had been spent on concrete work alone on the property. Plaintiff alleged that such representations were false and fraudulent. and were made to the plaintiff by the defendant or his agent, John Grey, with intent to deceiye the plaintiff. Plaintiff claimed £I,OOO as damages for fraudulent misrepresentation. The defendant stated that the purchase price of plaintiff’s property at Pio ‘Pio was £2,250, and. not £2,000 as set out in the agreement. Defendant admitted that the exchange was arranged, but denied that the representations made to plaintiff were in any way false. All the other allegations made by plaintiff were denied. After evidence bad been given in support of plaintiff’s case the case was adjourned.