COURT OF APPEAL.

Taranaki Daily News, 14 April 1921, Page 5

COURT OF APPEAL.

A TARANAKI CASE. JUDGMENT RESERVED. By Telegraph.--Press Association. Wellington, April 13. The Court of appeal was engaged this morning in bearing the case of Thos. Frank Graham, of Te Kiri, and John Henry Graham, of Waitara, against Jessie Arnott Bartlett, of Hawera, an appeal from the judgment of Mr. Justice Salmond. The case arose out of an agreement to purchase a farm by appellants. They claimed the recision of the contract on the ground of misrepresentation. The alleged misrepresestation complained of was that the farm was carrying and was capable of carrying more stock than it actually had carried or could carry. Respondent denied misrepresentation and claimed the specific performance of the contract Mr. Justice Salmond held that respondent was entitled to specific per-, formance, but allowed appellants £2OO damages in respect of certain breaches by respondent of the terms of the contract.

For appellants it was contended that the judgment of Mr. Justice Salmon® proceeded on the grounds that the representation that the farm had maintained 120 head of cattle was correct. This conclusion, it was submitted, was not justified by the evidence. The case is proceeding. Wellington, Last Night.

In the appeal case Mr. Spratt (for the appellants) contended there had been material misrepresentation, inducing the contract, and there had been such breaches of contract on respondent’s part as to entitle the appellants to recission.

Mr. Hutchen (for respondent) contended that the statement of respondent as to the carrying capacity of the farm was substantially correct, and that the appellants were not influenced by the alleged misrepresentation. He also argued that the stipulations in the contract of sale, breaches of which were alleged by the appellants, were not material, and did not entitle them to repudiate the contract. The Court reserved its decision.