ANOTHER FARM DEAL.

Taranaki Daily News, 29 August 1922, Page 6

ANOTHER FARM DEAL.

MORE ALLEGED MISREPRESENTATION. _ A BALL ROAD FARM. Another claim for damages for alleged misrepresentation in the sale of a farm ca’me before the Supreme Court at New Plymouth yesterday. On this occasion the plaintiff was Edward Thomas, and the defendant William Home McDonald, the farm in dispute being of about 113 acres, situated on Ball Road, about thirteen miles from Hawera. Mr. L. A. Taylor appeared for plaintiff, and Mr. F. C. Spratt for the defendant. The following jury was empanelled:— Messrs. F. C. Perry,* H. S. Brookman, H. Julian, H. W. Harding, J. Aldridge, R. T. Gardiner, C. J. Way, E. A. Townley, J. Scanlon. A. Kurth, W. Roxtrow and W. F. Clough. Mr. H. S. Brookman was chosen foreman. THE CASE FOR THE PLAINTIFF. The statement of claim set out that the plaintiff had been induced to purchase the farm of defendant by reason of the alleged misrepresentations of the defendant that the farm had a carrying capacity of 75 cows, and that a paddock on the farm known as the “sand hills” paddock, containing nine acres, was capable of carrying as many cows to the acre as any other part of the farm, and would also winter the whole herd for two months. It was further alleged that defendant had stated that he had taken off in the flush of the season 27001bs of milk. Plaintiff said that these alleged misrepresentations were untrue to the knowledge of defendant, or were made by him without belief in their truth, or were made by him recklessly and carelessly whether they were true or not, whereby 7 he had suffered damages to the extent of £2837.

John S. Murray, surveyor, Hawera, produced a plan of the farm showing that the “sand hills” paddock had an area of 19 acres. He had also carried out surveys on the place in 1906 and 1910, and had seen marram grass and tussock in the sand drives to the west of the creek.

Replying to Mr. Spratt, witness said that the marram grass had practically disappeared.

To His Honor: It would be difficult to obtain an idea of the country from the northern boundary of the “sand hills” paddock. Mervyn McClellan, grocer’s assistant, Taihape, and at one time land salesman at Hawera, said he had taken Thomas to view the farm. Mrs. McDonald met them and took them out to the part of the farm where defendant was working. Witness related their wanderings over the farm with McDonald. They entered the sand hills paddock through a gate, and then walked along the fence. McDonald, pointing to the paddock, said it was a very good piece of land, and carried his stock for the winter. There did not appear to be much feed on it at the time, and it appeared to have been grazed. Nothing w r as said about it being any different from the rest of the farm. McDonald said he had carried eight horses, and that the place would carry 75 cows.

In answer to Mr. Spratt, McClellan stated that he did not pay any particular attention to McDonald’s remarks, nor did he reflect on the possibility of the “sand hills” paddock grazing the whole of the herd. The grass on the rest of the farm looked fresher than the pasture on the paddock referred to.

Counsel for the defence admitted the nsertion of advertisements relating to he farm, but would not admit responubility for them.

Allan Good, farmer. Hawera, said he took a sample of the soil in the sand hills paddock about six weeks ago. and found it to contain a small ion of earth intermixed with sand. There were indications that the place had been sown with clover and cocksfoot, but it had not taken. This kind of soil would provide winter feed, but would not grow any other grasses. He saw signs of marram grass. The sand appeared to him to be drift sand, and there was a clear line of demarcation between .the sandy land and the good land. The only way to treat land of this description, in his opinion, was to surface sow it with clover or other grasses and shut it up for about three months. The best way to use the paddock would be to keep it as a change for late autumn and winter grazing, the dairy herd to be kept on the rest of the farm during the spring and summer. The paddock was worth about £l5 to £2O per acre in conjunction with the rest of the farm. Heathcote James, agent, gave particulars of an authority given by McDonald in 1919 to (James and Gillman, land agents. Hawera. by whom witness was at that time employed. The authority stated that the farm would carry 75 to SO cows, but he could not remember the other details. In the course of conversation. McDonald mentioned that the farm would carry 75 to 80 cows, while, pointing to the “sand-hills” paddock, he referred to it as one of the best on the place. Tn reply to a question by Thomas. McDonald stated that the milk returns were in Mr. Shields’ office. On the same day as McClellan had taken Thomas down to the farm, witness had taken another client to view it. and the same representations were made as to the carrying capacitv.

Alfred B. Muggeridge, farmer, Manutahi. said a few weeks ago he dug up a few sods in the “sand hills” paddock, finding them to be composed mainly of sand. There was v<wy little grass on the sods. So far as dairying was concerned he considered this paddock of little value, but the rest of the farm was as good as anything around; quite firstclass land.

Horace G. Playle, farmer, Turakina, said that he had owned a 152-acres farm next to Thomas, of which the carrying capacity was 100 cows. The “sandy hills” paddock was drier than the rest of the farm, and he would not say that the grass on it was good feed for dairy cattle.

Percv John Clement, farmer. Normanby. a brother-in-law of plaintiff, corroborated the evidence, of the witness James concerning the visit to the farm. While in the “sand hills” paddock, witness remarked to Thomas: “I’m sure you have bought sand.” McDonald replied in answer to witness’ interrogation that it was one of the best paddocks on the farm, and would carry all his herd for I two months in the winter. McDonald had added that the place would carry 75 cows. One year he had carried SO cows, but the year before he had reIduccd the number to between 56 and 60,

because he was afraid his boy would be called to go to the war. Witness counted the. stock on the farm that day, there were 53 cows and 2 bulls on the place.. Answering Mr. Spratt, vritness said he had had experience of sandy land and knew it was poor. He had not interfered because he thought the deal had been made. The case was adjourned till ten o’clock this morning.