SALE OF A FARM.

Taranaki Daily News, 6 September 1922, Page 6

SALE OF A FARM.

ALLEGED MISREPRESENTATION. VERDICT FOR DEFENDANT. The whole of yesterday’s sitting of the Supreme Court at New Plymouth was taken up with the rehearing of the action brought by Leslie Samuel Dutton against Henry Herbert Upson for £SOC as damages in consequence of alleged misrepresentation in the sale of a farm on the Egmont Road, near Egmont Village. The plaintiff’s case was concluded on Monday, and yesterday evidence was given by the defendant concerning the actual sale and the carrying capacity of the place, his latter evidence bring corroborated by the same witnesses, who gave evidence at the previous trial and who considered that Dutton had not farmed the place to advantage. The evidence was practically the same as that given previously, the only new witness called yesterday being Frederick William Cornwall, a farmer with some 35 years’ experience, who added his testimony to that of the other witnesses decrying Dutton’s methods of farming. They all considered that defendant could have carried more cows this winter and that feed was going to waste. Mr. R. H. Quilliam appeared for the plaintiff and Mr. L. M. Moss for the defendant, and at the conclusion of the evidence both counsel addressed the jury at some length. His Honor Mr. Justice Chapman then summed up on the lines of previous land actions, and the jury retired a few minutes before 5 o’clock. The jury returned at 8.30 p.m. with a majority verdict for the defendant Upson. and judgment was granted accordingly. Costs were allowed defendant as per scale, with witnesses’ expenses to be fixed by the registrar. His Honor also allowed £l5 15s costs for the second day.