A TARATA FARM.

Taranaki Daily News, 4 September 1922, Page 6

A TARATA FARM.

LITIGATION IN THE COURT. COMPROMISE EFFECTED. When the Supreme Court resumed its sitting at New Plymouth on Saturday morning, the hearing was continued of the action brought by David Moir and George Barrock against Stanley Read, George Batty, and Sarah Jane Batty, for £702 Ils 6d. for purchase of stock, the defendants counter-claiming for £2OO. reduction of purchase-money and interest. On Friday evening evidence was given by Barrock, his cross-examination being left till Saturday morning. Answering Mr. Brown, the only reason Mr. Barrock could give for joining Batty to the action was because he was acting for Mrs. Gatty, while, beyond a letter from Read that he overpaid witness £2O on account of the farm, he had nothing in writing from Read. Read, however, had said be was in on the deal, and, as it was to be a cash transaction, he thought it would be all right. He did not get Read to sign the agreement, because his name was not mentioned in it. If Read denied saying he was in on the deal with Mrs. Batty he would not be telling the truth. He denied that the option he had given was to Mrs. Batty, who was never mentioned in the matter until the agreement came to him to be signed. He understood that Madson was the purchaser and that Read and Batty were standing in with him, and if the defendants stated that, at the interview at the farm, he was given to understand that Mrs. Batty was the purchaser, he would deny it absolutely. Some correspondence with reference to rates was put in, in which witness had explained the amounts he had had to pay. Although the County Council said the rates were £4O 10s lOd, witness said the rates he had paid amounted to £3l. He told Batty he would never have to pay that amount again.

John H. Madson said he was engaged by Read and Batty to manage the farm. He had tried unsuccessfully to obtain a farm under the repatriation scheme, and had spent all his money in looking for a place. Consequently he took the offer of Read and Batty, and determined to stay there until the prospects of obtaining a place improved. He had been paid by Read’s cheque, and also in cash by Batty, while he had taken out some shares in the dairy factory in his own name for convenience sake. He was in Wanganui in October, 1920, and saw Read and Batty together. They engaged him to manage the place, and said they were both interested. In reply to Mr. Allan, witness said he understood from the start that the place was being obtained for Mrs. Batty. He heard Mrs. Batty mentioned as owner before he left Wanganui. Regarding some wool which had been sold, the witness stated, in reply to Mr. Weston, that it had been consigned in Mrs. Batty’s name after the proceedings were commenced.

At this stage it was intimated that k was possible that a settlement might be effected, and the Court adjourned for some time to allow the parties to discuss matters. When the Court resumed, Mr. Palmer intimated that a settlement had been arrived at. They did not want an order of the Court, but would ask that the case be adjourned until certain documents had been executed, when an application for discontinuance would be entered.