FARM VALUES.

Taranaki Daily News, 11 February 1921, Page 8

FARM VALUES.

MISREPRESENTATION ALLEGED. CLAIM FOR £3528 DAMAGES. False representation on the part of the vendor as to the actual carrying capacity of a farm, was alleged in a case heard in the Supreme Court, New Plymouth; yesterday, before Mr. Justice ■Hosking. The action was one for £3528, as payment for loss and damages, allegedly sustained through misrepresentation, and was brought by George Henry Quinn (ofMokoia; against Alfred B. Catchpole (of Kakaramea). Mr. P., O'Dea (Hawera) appeared for plaintiff and defendant was represented by Mr. Brown (of Wanganui). The following jury was chosen:—C. L. Harvey, W. E. Clarke, A. L. Roberts, John Horn, W. H. Preece, G T. Burkett, W. L. Rockstrow, H. W. Bullot, L. Dayton, T. Bransgrove, J. J. Lomas, and W. >G. Brown. Mr. Roberta was chosen foreman.

Facts outlined by -Mr. O’Dea, in opening the case were to the effect that Catchpole had been a farmer residing at Mokoia for about six or seven years, and Quinn was licensee of the Kakaramea Hotel. He had a family of nine children, and on selling out his interest in the hotel he decided his money into a farm. In April last he commenced looKing for a property and must have inspected about twenty in all. The agent who went round with him on most occasions was Catchpole, representative of the Loan and Mercantile Co. and a son of defendant. He told Quinn that his father had a farm, and that it was a good place and would do 45 cows well. The area was ninety acres, and as a matter of fact, council said, was the poorest farm in Mokoia. The authority which defendant gave to the Loan and Mercantile stated that the property was carrying 50 head of stock, and this was represepted to plaintiff the winter carrying capacity. Catchpole junior told Quinn that his father was fairly well off and did not bother to work the farm to its full capacity, but counsel said plaintiff would bring evidence to the effect that Catchpole was milking to the full capacity, and that the highest average he had taken off in the previous two or three years was 650 lbs butterfat. The grass on it was danthonia, which wa» used for sheep, but was no use on a dairy farm. It did ly well in the winter, and that was the reason the farm appeared all right when Quinn inspected it in June. The place, counsel contended, had been represented at about double its capacity.

Cecil J. Hawken, farmer, of Mokoia, and chairman of the Mells’ Co-operative Dairy Co., said he had been in the district fifteen years. He had known Catchpole’s farm for several years. It was poor land, and light country. With butter-fat at two shillings a pound he estimated that the property would be worth not more than £5O per acre. In an ordinary season it would not milk more than thirty cows. The average ‘for a cow per season in Taranaki was about £l7, and in South Taranaki it would be about £2O. There was no wortse section in Mokoia than Catchpolo’s except one which was a leasehold adjoining. Cross-examined by Mr. Brown, witness admitted that two sales of land had taken place jn the district recently, one being at £B6 per acre and one at £9O.

Estimates of the value of the farm were given by H. E. Candy, land salesman and valuer. He put the price down at between £4O and £45. Danthonia was a grass which was absolutely useless on a dairy farm, and he did not think the place was capable of growing much. Quinn had a good class of cows, and they would do much better on good country.

Other opinions as to the value of the farm were also given by T. E. Bickford, fainter (Mokoia). and Brian C. Lvsaght, farmer (Mokoia). E. Hurley, Te Roti, said he was present in Hawera one day at a conversation between Catchpole, junr., and Quinn, when Quinn said Catchpole’s aunt told his (Quinn’s) wife that Catchpole, senr., never had fifty cows on the place. He then asked Catchpole what about the fifty cows he (Quinn) was told the farm would carry, and Catchpole replied that it could be done. He also said that if Quinn told everyone this he would not be able to sell the farm, and Quinn replied that it was a well-known white elephant. The farm had previously been offered to witness at £lOO per acre, by Catchpole, junr. Evidence given bv plaintiff was largely on the lines of that already adduced. He said he put £lOOO cash into the place, and Catchpole also took witness’ house over at £lOOO- There were three mortgages already on the place and witness gave a fourth to Catchpole for £309. ' . Examination of the plaintiff was just concluded when the Court rose till 10 a.m. to-day.