A TARATA FARM.

Taranaki Daily News, 2 September 1922, Page 8

A TARATA FARM.

LAND AGENT’S DEAL. CLAIM AND COUNTER-CLAIM. As soon as the jury had retired in the motor collision case, which occupied the whole of the day at yesterday’s sitting of the Supreme Court at New Plymouth, the hearing was commenced of the claim brought by George Moir and George Barrack against Stanley Reed. George Batty and Sarah Jane Batty. The plaintiffs, who are of Hunterville and Inglewood respectively, sought to recover the sum of £702 Ils 6d for the purchase of stock, while the defendants, all of Wanganui, counter-claimed for £2OO for reduction of purchase money and interest. The following jury was empanelled: Messrs. W. W. R. Harvey, F. Lawson, F. C. Ferry, R. T. Gardiner, C. H. Sampson. A. J. Topliss, J. Alldridge, C. J. Way, J. Scanlon, W. Rockstrow. H. Julian, and E. A. Townley. Mr. Ferry was chosen foreman. Mr. C. H. Weston appeared for the plaintiffs and Mr. C. P. Brown for the defendants. Mr. Weston briefly addressed the jury and the Court then adjourned till 7.30, when he called George Barrack, an employee of the Inglewood- County Council. Witness said he had been in partnership with Moir on a farm at Tarata, which they took oyer in 1913 and sold in 1920. Moir was “a sleeping partner.” Witness received a circular from Reed, a land agent,"who said he had put through a few deals in the Tarata district, and if he put his farm in his hands he would be able to obtain a good price for it. Witness bought the place at £4 12s 6d per acre and offered to sell at £6 12s 6d. About a couple of years later he received a visit from Batty, who said he was .Reed’s agent, and who brought a returned soldier named Fyfe with him as a buyer. After lunch Batty tried to make a deal and witness said he wanted £646 or a pound an acre cash. Fyfe said something about money and that he would consider it. A day or two later he received a letter from Barty from Inglewood, enclosing a letter signed by Fyfe to the effect that he would buy the farm if he could raise the money, while Batty also wrote that witness could consider the farm as good as sold, as Fyfe was well known in Dannevirke and could easily raise the money. Some time later he received another letter rom Reed to the effect that no reply had been received from Fyfe, but that he thought it would be alright. Witness then offered the place at £5 12a 6d per acre, £646 cash to be paid, and said that as Fyfe could not come till after the New Year he would sow a few acres of swedes, provided the latter would pay for the manure.

ANOTHER BUYER. A few days later Batty brought another buyer, a returned soldier named Madsen, stating, in reply to witness, that they had lost the run of Fyfe. An option was given and Reed returned a fortnight later saying that they were buying the pla'*e, and he produced an agreement to sign. Tn this agreement the buyer was set out as Mrs. Sarah Jane Batty, wife of George Batty, and witness expressed surprise at this. Reed said that Mrs. Batty had some money which she desired to invest and was desirous of coming in on this deal. Witness accused Reed of being in it, too, and this was admitted, Reed adding that Madson and Batty were coming up the following day to take over the stock. In the meantime Madsen came up to the farm and worked with witness. Witness expected Reed up after the transfer had been approved by the Land Board, but Madson said he had been corresponding with him, and they desired to purchase the sheep out of the wool. The sheep were mustered for shearing and valuing, but there was no sign of Reed turning up.

On November 26 the stock was valued over to Batty and Reed. Nothing further transpired during November and December, though witness expected that the deal would he completed. Madson returned just before the New Year, after having gone to see Reed regarding money, and stated that Reed had said that Batty had gone to the South Island and witness could not be paid until Batty’s signature was obtained.

Witness wrote to Reed asking for his money, without eliciting a reply. While at Inglewood, witness received a visit from Batty and Reed. The latter said he had come up to pay for the farm, but that they wanted three months’ grace for the stock. Witness was annoyed and Reed affirmed that they had no idea times were going to be so bad and that witness was lucky to get out. Reed, however, added that he had nearly all the money required and that witness would probably be paid within a fortnight, but in any case within three months, during which time he would pay 8 per cent, for the money. Reed paid for the farm.

ACTION THREATENED. Reed later wrote stating that he had paid £2O too much for the farm and that he would call this amount on account of stock. Two letters failing to obtain a reply from Reed after the three months were up, witness went to Wanganui, where Reed explained that he did not have the money then, but he hoped to be able to pay at the end of the month. After further waiting witness put the matter in the hands of his solicitors. A fortnight was given in which to pay and at the end of that time Reed and'Batty were advised that a writ would be issued. Next day. witness continued, Reed came up to him and said he could not get witness’ money but he could obtain a security for it. Reed detailed the arrangements he proposed to make, but witness took him to his solicitor, who accused Reed of speculation, which Reed admitted, adding that it was partly done to put Madson on a place. Reed reiterated his offer, but, being unable to say when the balance would be paid, witness instructed his solicitor to take action. Reed said that they were verv pleased with the place and also with witness for not pushing him for the money. RENT AND RATES. While in the solicitor’s office, witness said he was still receiving demands for rent from the Land Board and he asked Reed if the farm had been transferred, Reed answering in the affirmative. Witness had since found out that this was not so and he was still being asked for the rent, rates, and interest, on a mortgage. Subsequently, he received a letter from Batty, on Mrs. Batty’s behalf. saying that it had ascertained that the rates were £4O per annum, not £26 odd as was alleged to have been stated by witness, and asking if he would make some arrangements in the matter. \A itness heard no more of the matter until it was mentioned in the counter-claim.

The Court rose at 10 minutes to nine and will resume at 9 o’clock this morning.