APPEAL COURT.

Taranaki Daily News, Volume LIV, Issue 246, 17 April 1912, Page 5

APPEAL COURT.

A LAND CASE. By Telegraph—Press Association. Wellington, Tuesday. In the Court of Appeal, before Sir Robert Stout (Chief Justice) and Justices Sir J. Williams, Denniston, Edwards, Cooper, and Chapman, further argument was heard in the ease Schmidt and Bellshaw v. Greenwood, a case which was partly argued in October, 1911. The appeal is from the judgment of Mr. Justice Edwards giving damages to respondent for a deficiency in grassed land in the sale of a farm (a lease with right of purchase) containing 1022 acres in the Mimi survey district. It was alleged that the appellants represented the area of grassed land as 122 acres, and that only 45 were under grass, Mr. Justice Edwards found for the respondent, on the ground of fraudulent misrepresentation. The Court of Appeal reversed the finding of fraud, but reserved the question as to whether respondent was entitled to relief on the ground either of breach of warranty or innocent misrepresentation as to the area of grassed land. Mr. Bell, K.C., and Mr. Quilliam appear for appellants, and Mr. Chapman, K.C., and Mr. Spence for respondent. Argument is proceeding.

A GAMBLING CASE. Wellington, Tuesday. The Court of Appeal, after hearing argument, reserved its judgment in the appeal of the International Investment Company from the decision of Dr. McArthur, S.M., in which a fine of £SO was inflicted for a breach of the Gaming Act.