A LAND DEAL.

Taranaki Daily News, 9 December 1915, Page 6

A LAND DEAL.

SUPREME COURT CASK. A SETTLEMENT REACHED. At the Supreme Court at New Plymouth yesterday the case in which Thomas McWhirter, settler, of Eltham, proceeded against 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 wheih the defendant agreed to purchase from the plaintiff the estate known as Glenmore, in the Hawera district—a property of 2705 acres at £0 an acre, was concluded. The defendant counter-claimed for the £4OO and the payment 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. Morison, K.C., and Mr. J. C. Nicholson appeared for the plaintiff, and Mr. E. J. W. Hallett represented the defendant.

John Stewart Murray, surveyor, at Hawera, completed his evidence. Nathaniel H. Beamish, land agent at Hastings, said that last June he received instructions from McWhirtcr to find a buyer for Glenmore. Later witness mentioned this property to Deacon, .and Deacon asked witness to telegraph to McWhirtcr asking the carrying capacity of the property, and the reply was "two sheep to the acre and cattle." About three weeks later, Deacon left Hastings to inspect the property, and subsequently he told witness he had seen the front portion of the estate, and he would be willing to purchase Glenmore if the back portion (which he had not seen) was no worse than the front portion. McWhirter told witness all the land was in good English grass, except in one corner. Witness asked McWhirter what was the area not in grass, and he replied, "Oh, just a small piece." McWhirter said the property had carried one' and a-half breeding ewes to the acre on the grass land previous season. He said the fences were in good order, "though there might be a staple out here and there." McWhirter further said, "I didn't tell you before, but there is a long road frontage at the back of the. property which will make it suitable for cutting up." He described the country as being hilly, hut good, healthy sheep country, and added that all the bare places (meaning the gullies and gorges) could be fenced off with a few chains of fencing. Witness asked McWhirter if the portion of the property Deacon had seen was anything like the back portion, and he replied, "If anything, the back portion is the better part." McWhirter said several times that if it was not for his bad knee he would not think of selling the property, and that he was selling it far too cheaply. Deacon was so satisfied with what McWhirter said that he was prepared to purchase the property on McWhirter's assurances. After this an agreement was drawn up to McWhirter'B dictation.

Cross-examined by Mr. Morison, witness said he did not mention in the particulars of the property that it contained gulches. He mentioned to Deacon that if the property was as good as mentioned by McWhirter and would carry the number of stock 'stated, he need not have any worry about finance. Witness further stated that he could get the money from at least half a dozen persons. Witness was sure that McWhirter had said the back part of the country was if anything better than the front portion. .• Oswald Hawken, a farmer and land valurer, of Hawera, said .he had knovra Glenmore for some years, and he hid inspected it a few days ago. He inspected the property on the homestead side and found the fences there in fair order, and the fences at the back were down and absolutely out of repair. He could not find more than two short divisions on the property, except the small fences in the homestead paddock. Viewing the country from the southern side it showed fair sheep country, and he thought there would be about 400 acres which could be described as fair sheep country. From the homestead witness could see the ridge, but the other country behind it was very indistinct. On this side there were about 25 acres in grass, but all the rest was overgrown with scrub. Some of the country was very steep. "In it's present order it is the worst piece of land I know in Taranaki." The carrying capacity of the whole block was not more than SOO dry sheep, and me country was entirely unsuitable for cattle. There was no water on the tops in summer-time. His Honor: I suppose Taranaki people think you get so much rain here water is not needed?

Continuing, witness said the property had never been healthy sheep country. In witness's opinion more than half the block was absolutely valueless; lie "would not take it as a gift." Except the piece at the southern end the property "is not wortli troubling about." If a person only saw the front portion of the property he would get a false impression of what all the country was like, and he could not get any real idea of what the back country was like. There was no cross-examination.

Walter 0. Williams, stock agent and fanner, of Hawera, gave corroborative evidence.

At this stage the luncheon adjournment was taken, and on returning Mr. Hallet announced that a settlement had been arrived at. Counsel said the charge of fraud had been abandoned, the eontract would be rescinded, the deposit of £SOO paid should he repaid, the claim for damages would be abandoned, and the defendant should be allowed costs on the middle scale.

Mr. Morrison said he agreed to a set' tlement on these lines.

His Honor expressed satisfaction that a settlement had been reached, and judgment was entered by consent on tfie", lines asked for. j