SALE OF A BUSH FARM

Taranaki Daily News, Volume LIII, Issue 181, 10 November 1910, Page 3

SALE OF A BUSH FARM

THE OKAU DISPUTE. At the last sittings of the Supreme Court in New Plymouth, Willie Greenwood, farmer, of Okau, sued William Schmidt and William Bellshaw, also farmers at Okau, for £250 for damages for alleged breach of warranty in regard to a sale of land. Mr. Spence appeared for plaintiff, and Mr. Quilliam for defendants. A few weeks ago His Honor forwarded an interim judgment in the matter. He held that there wa» no justification for the charge of fraud brought gainst the defendants, and that n;> warranty was given by defendants, as alleged. To enable him to arrive at a satisfactory conclusion as to the claim] for compensation, or for specific performance, further evidence ought to be obtained, continued His Honor. In the circumstances, he would not pronounce judgment at present. The parties will have the opportunity of agreeing to have a proper and accurate survey, by a licensed surveyor agreed to by them,, made of the grassed land at the time when the plaintiff took possession of the property, the report of. such surveyor to the Court to be treated as evidence in the action. If the parties cannot agree to this course within fourteen days, or such further time as they may mutually agree upon, application must be made by the solicitors for the parties, or either of them, to me, through the Registrar, to deliver judgment upon the material now before me." The interim judgment was so greatly in favor of defendants that it was thought at the time that the parties would not agree to adopt His Honor's suggestion, and so it proved. His Honor therefore gave judgment on the evidence placed before him previously. His Honor's decision, a very brief one, was given by the Deputy-Registrar of the Court (Mr. J. Terry) yesterday, when the plaintiff was non-suited, and each party was ordered to pay its own costs.