A LAND DEAL.

Taranaki Daily News, 8 December 1915, Page 2

A LAND DEAL.

PURCHASE BEFORE INSPECTION,

A LESSON TO FARMERS.

SUPREME COURT CASE.

The Supreme Court at New Plymouth was occupied throughout yesterday afternoon with a dispute which was the outcome of a land deal. Thomas Mc Wliirter, setlter, of Elthaui, proceeded agjiinst Sydney Deacon, farmer, of Whatautu, near Gisborne, to recover £4OO, the balance due on an agreement entered into by the plaintiff and the defendant, in which the defendant agreed to purchase from the plaintiff the estate known at Glenmore, in the Hawera district—a property of -27C5 acres at £6 an acre. The defendant counter-claimed for the £4OO and the repayment of all the monies paid, and £250 damages, on the grounds that the representations and statements of the plaintiff were untrue and misleading. Mr. C, B. Moriaon, K.C., and Mr. J. C. Nicholson appeared for the plaintiff, and Mr. E. J. W. Hallett represented the defendant.

Tlie defendant said lie m-cived from a land age/it particulars of a property in Taranaki known as Glenmore, which was owned by a Mr. McWhirter. He was informed the'size of the propoxy was about 2900 acres. The agent described the land a 9 first-class sheep country, and said there were 2000 acres felled and all in good grass, and the balance was light standing bush. Witness sought information as to the carrying capacity of the property, and from what lie was informed he understood that the property was then carrying two sheep to the acre. Witness understood that the 2000 acres said to be in grass would carry two sheep to the acre. He was satisfied with the description of the property, and subsequently came to Taranaki to inspect the property. By arrangement witness met Mr. McWhirter at 'Rltham on July 22. and they went on to TTnwcra. At Hawcra they decided to go and look at the property, which was twelve miles away. On arriving at the property they went to the home; stead, which was in front of the block. They inspected the homestead and the yards, and then they visited the northern boundary, which consisted of a fence running down to' a gorge. McWhirter said the boundary would not need fencing as no stock would ever cross the gorge. They then went' to the southern boundary, which was also marked by a gorge. Witness then looked about and saw a big ridge with a lot of scrub on it. Asked how much of this scrub there was McWhirter said there was not much. That day witness altogether saw about 500 acres, which was fairly good country. It was fairly well grassed and was good sheep country. This class qf land lay between the homestead and the ridge, which was a little over half a mile from the homestead. McWhirter said the country on the other side of the ridge was as good as the country he had seen, but witness did not have time to go over the ridge that day. Further the ground was .slippery and as McWhirter was suffering from a had knee he was not keen on walking. Witness suggested they should get horses from Hawera and ride round the country next day, and McWhirter said he would see about getting horses when they got back to Hawera. Next day, McWhirter did not seem keen on going, and he again assured witness that the back country of tiie property was good and witness could take McWhirtcr's word for it. Witness was not keen on this arrangement, but he could not do anything but accept it. He took McWhirtcr's word, and allowed the matter to stand for the time being. Subsequently the property was offered to witness for sale, but he replied that betore doing anything he wanted an inspection of the property or assurances that it was as McWhirter described if. Witness made another trip to Taranaki and about August lil he saw McWhirter at Eltbflm. McWhirter wanted witness to get to work and pay down £BOO on the sale of the property. Witness would not agree to this. Subsequently MeWliirter and witness went to Hastings, where they had an interview with the land agent, Mr. Beamish. They spoke about the property and McWhirter seemed to be in "a terrible hurry to get matters fixed up." Witness then said he was hot keen on going on with the matter, because he had not seen enough of the property. Beamish questioned McWhirter about the property, aivd McWhirter said there was no need to be afraid of it, because 2000 acres were all in good grass and the fences were all in first-class order. McWhirter said the property had wintered one and a half breeding owes, with cattle, and he added the land was all good, healthy sheep and cattle country. McWhirter described the bush on tiie property as standing bush. McWhirter thoroughly convinced witness and he quite believed all that McWhirter had said. Witness was assured "everything was correct" and that there was no need for further inspection of the property, and consequently witness entered into an agreement for the purchase of the property. A Mr. Bee was brought into the matter with witness, and about Sept. 14 or to they went to visit the property. Mr. Bee, his son, and witness went to igna property, and they found that the country behind the ridge was nothing but gorges, scrub and undergrowth, and there was no grass laud there, while the fences were in bad repair. The country over the ridge wa.s nothing like the country near the homestead, and lie considered the back country was not worth more than 30s or 35s per acre. It was not carrying any sheep, and witness did not think it would carry sheep. This class of rough country comprised about 1500 acres. Or the 2000 acres said to he in grass witness thought there were only about 450 acres in grass. Witness entered into the arrangement to buy the property because of what McWhirter had told him.

His Honor: This is a lesson to you. Here is a case of a man buying something like £113,000 worth of property without seeing it. I don't know what some farmers are coming to the way they plunge into these arrangements, it is a lesson to them. Cross-examined by Mr. Morrison, witness said that before he saw the property he understood it was rarrying two sheep to the acre with cattle.' When he first visited the property he did not think there were two sheep to the acre on, the front part of the property . Witness could see thorp was second growtli right along the ridge, and he thought the country behind the ridge was different to the nature of the ridge. MeWhirter said the country behind the ridge was-as good as the country around the homestead. When he saw the land in July he estimated it would carry V/ s sheep to the acre, and an average for the year of about two sheep. For good grazing country that would carry two sheep to the acre £ls would be a good price, and £lO an average value. He was led to believe the land be was going to buy for £8 an acre would carry two