DARLING V. EMMA TE AOURU.

Thames Star, Volume XII, Issue 3928, 2 August 1881, Page 2

DARLING V. EMMA TE AOURU.

This was an aotiou for a breach of an agreement, by which plaintiff was to purchase a block of land at Ooromandel, known as Waihou No. 2, in consequence of which plaintiff sued for £100, damages by defendant not completing tho agreement. Mr Miller appeared for plaintiff, and Mr Earle for defendant. The folio wing jury was empanelled : — Messrs 0. J. Brown (foreman), Charles Bacon, W. J. Bryce, and J. T. Bridges. Mr Miller read over the agreemeut, and addressed the jjjry. Alfred }?reepe, sworn, deposed—He was a licensed interpreter and natjye land agent. He knew plaintiff and defendant, and also John Blain, whom he saw about three weeks before the da'e of tfye agreement. He then had some conversation wjfh him, and in consequence went tp CQromandel to try and obtain a purphaser for the Waihou No. 2 blopk. The plaintiff agreed to take the land at £2 per acre. Shortly before tho agreement was signed plaintiff went wjth wjfcnegs, and saw defendant. Witness told her he had found a purchaser for the block of land, as he had been instructed by Messrs Blaiu and Tookey. Defendant asked witness if plaintiff would not aocept another piece in lieu of the one agreed

upon, giving as her reason for wishing this that part of the ground was " tapu," or sacred, but she consented to sell if the pieces " tapued " were reserved. Defendant agreed to this and witness again saw her and settled the matter. He afterwards went to Ohinettturi in company with plaintiff and defen dant, to see a man named Miodgrass with reference to the Crown Grant, &c, which was in his hands. On the way up, defendant asked witness for a portion of the purchase money to pay off a lien held on the land by the man Snodgrass. About half-an hour afterwards, defendant asked him to nave the matter settled before she landed, and he produced the agreement, which he had made up, and it was signed by defendant, Captain Eolton witnessing. (The agreement was then put in Court as evidence.) Mr Earle objected to the agreement on the grounds that it had not been executed with the formalities required by section 85 of the Native Lands Act, 1873 ; and also that under the Native Lauds Frauds Prevention Act, and the Amendment Act, 1878, it did not bear the stamp of the Commissioner of Lands. Examination continued—Previous to defendant signing the agreement, he read it ovt-r to defendant in Maori, iv which language it is written, and he then handed it to defendant, who appeared to read it over. Defendant handed the agreement back to plaintiff, and he read it over to the two witnesses in English. Defendant then signed the agreement, and the money was handed over to her by Mr Carpenter. [Witness was crps.B examined at great length by Mr Earle, but the facts elicited were not of any great consequence] Wm. Carpenter, who was the next witness, corroborated Mr Preece's evidence re the signing of the agreement in the steamer Blanche's cabin. George Rolton, captain of the Blanche, corroborated last witness' statement. Daniel Tookey deposed to the fact that Mr Blain wanted to find a purchaser for the block of land in question in October last.

Plaintiff deposed I hat he was offered Ihe block in question at £2 per acre, and had sold his cattle to enable him to pay the money. (He corroborated the evidence re the signing of the agreement in the steamer's cabin ) At that time there was no mention of a loan to defendant. James Carnell corroborated the first witness' statement re a visit to Whakatiwai to see Emma. Defendant had several times said then tbat she would never sell the land, and would never complete the agreement. [Left Sitting.]