SALE OF FARM.

Taranaki Daily News, 15 February 1921, Page 8

SALE OF FARM.

MISREPRESENTATION ALLEGED. PART OF CLAIM RECOVERED. When the Supreme Court at New Plymouth opened yesterday morning, hearing was continued of the case in which George Henry Quinn, of Mokoia, claimed from Alfred B. Catchpole (formerly of Mokoia, and now of Ohaupo), the sum of £3500, being loss and damages allegedly sustained through Catchpole’s false representation of the carrying capacity of a farm which he sold to Quinn. Mr. P. O’Dea (Hawera) appeared for plaintiff, and Mr. C. P. Brown (of Wanganui), instructed by and Smith, of Hamilton, for defendant. The case occupied some time last week, the plaintiff’s case having been heard, and also the evidence of defendant and his son. Further witnesses in support of the case for the defence were called yesterday. LAND VALUES AND “BOOM.” William Cowan, land agent, said he had been in the South Taranaki district since 1874. In June, 1919, he valued Catchpole’s farm as security for lending purposes at £5B per acre. He estimate# that put up for sale it would bring about £l5 more. Within a few days of this the property adjoining Catchpole was sold at £BO. A few months later, in November, a land boom commenced, property rising in price rapidly, the range being from twenty-five to fifty per cent. Cross-examined by Mr. "O’Dea: He did not think it was the land agents who jumped up the price, but rather the anxiety of the people to step in and see how much they could make while the boom was on. He had never heard Mokoia flat called Poverty Flat. William H. Rogers, of Mokoia, who occupies a farm adjoining the property which was the subject of dispute, said he had 97 acres and was carrying 34 cows. He thought he might be able to put on three more cows. His farm was slightly better than Quinn’s, and he had had it on the i-.arket at £1(05. To Mr. O’Dea: He admitted having said that the present case would hurt the farms in the district. He was not making a great deal out of his own place at present. While Quinn had been his neighbor he had worked hard on the farm.

Robert Hicks (Mokoia), Samuel Blake, retired farmer (Hawera), Harold. Buxton, farmer (Hawera), and George Preece, farmer (Hawera),. also gave evidence. Witness considered that the farm had not been managed by Quinn to the best of his ability, and that a quantity of feed had been allowed to go to waste.

ISSUES TO THE JURY Evidence having been concluded, counsel addressed the jury on the following issues put by His Honour: (1) Did the defendant represent to plaintiff; (a) that the defandant had wintered 50 head of stock on the farm the previous winter, 1919; (b) that defendant had during the previous season milked 35 cows on the flat and at the same time grazed other dry stock on the front of the farm? (2) Did L. W. Catchpole, son of defendant, represent to the plaintiff that his father, the defendant, was a well-to-do man and had never milked the farm to its full capacity? (a) that the said Leslie Catchpole himself could milk 45 cows on the place and that defendant could easily milk 40 cows, the farm doing dry stock as well. (3) Whether any or all such representations were false? (4) Whether the false representations were false to the knowledge of the defendant ? (5) Was each representation made by the defendant in the honest belief that it was true ? (6) What damages, if any, is plaintiff entitled to recover? The question of whether plain tit! was bound by the representations of his son was left to the decision of the court. VERDICT FOR £lOB6. After a retirement of three hours the jury were not able to agree unanimously, but by a three-fourths majority they answered all the issues in favor of plaintiff, and awarded him the sum of £lOB6. Judgment was entered for this amount, with costs, witness’ expenses and disbursements. Leave was given to defendant to move for a new trial within 14 days, on the ground, as Mr. Brown put it, that the verdict was against the weight of evidence.