WARRANTY OF A FARM.

Taranaki Daily News, 9 April 1919, Page 8

WARRANTY OF A FARM.

iiESERVED JUDG'ME-XT !>£•

LIVERED.

Judgment iu a case heard iu the Supreme Court at Aew Plymouth in February last, in which Charlotte Benton liued Ellen Cressey for the auiu ot I £IOOO, has been delivered by His Honor Mi- Justice Chapman. I Iu hw preamble the judge said: ''This '"•fe; an action for damages for fraudulent in connection with j Ithe sale of a dairy farm of 54 acres linear Hftvvera. The representation al< !'tewed is t'bAt the farm is of such carryLing capacity that it would pasture and ''maintain 33 earn 'besides horses and fiyoung stock. The price of the land was f £75 per acre, or £4050, The sale took Mace on June 20, 1918, The evidence was contradictory. The purchase was !-effected for the plaintiff*l>y. her husband |-and the alleged . mUteprenpntatiou was J made bv a son.of the.defeHiis.))t who was 1 her agent in, connection with the sale." | E|ie judgment, then traverses the svii Jence, says that the that th« farm would ' arry 3-2. raiding cows was in excess of | the "number of milking cows that the ; farm, would carry, its real carrying cawity being probably : about 25 in orlinary years. The representation of the s'on'(H. K. Cressey) though loosely made were not fraudulently made. Tho a'niniiff's husband, an experienced farmer, showed by his conduct in making j. misleading statement to the Maoris. *«(] in expressions used by him, that he was, when negotiating, endeavoring to form his own judgment as to the vfihw I of the farm, and that he did not im- ! plicitly accept Cressey's eommendalory statements in the sense now put forward bv the plaintiff The judge found that such misrepresentations as were proved \yvo not fraudulently made and that the pl'imt.iff could not recover. ■ i ludgment was given for defendant ..with coflts as,per scale, Mr W. R. Ifyseldene (TTfliweral represented plaintiff, and Mi',,o. tl. Morrison. KC (Wellington), with,him Mr A. H. I Powell (Hawera) appeared, for defend-