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[promissory
note – Berkeley Estate – Tuggerah – sale of land – misrepresentation]
Lyons
v. Reynolds
Supreme Court of New South Wales
Dowling C.J., 9 March 1841
Source: Sydney Herald, 11 March 1841
SUPREME COURT.
– Civil Side.
Tuesday. – Before the Chief Justice, with Major Lockeyer and Mr. Dawes, Assessors.
Lyons v. Reynolds. – This was an action brought by the plaintiff to recover
the value of a promissory note, made on the 27th May last, payable
six months after date. The consideration alleged to have been given
for the note was a quantity of the land known as the Berkeley Estate,
situated at Tuggerah Beach, and which had been sold at public auction by the plaintiff,
for the proprietor Mr. Peek, of George-street. The defendant alleged
that he was under no obligation to pay, as the land had been grossly
misrepresented, not only as to its quality but also as to its locality.
It having been represented that the land was covered with cedar,
black-but, and blue gum, whereas according to the evidence it was
merely covered with scrub. It was also shown that although the place
was represented by the advertisement as being within three hours
sail of Sydney, that the steamer could not reach it in less than six
hours sailing from thence. And that although the advertisement represented
the said Berkeley Estate as being in the immediate vicinity of the
thriving township of East
Gosford, there was only one house a small inn of four rooms,
then in process of erection, and that the land was of the most miserable
quality. After the defence had been concluded the plaintiff consented
to a non-suit being entered, which was recorded. This was the first
of a series of actions brought by the plaintiff against the purchasers
of the Berkeley Estate, all of whom have declined honouring their
bills on the ground that the plaintiff
had given a mis-description of the property, not only verbally at
the time of the sale, but also by the advertisements in the newspapers,
and by the handbills circulated in the sale room where the auction
was held.
Before Mr. Justice Stephen, and Messrs. Johnstone and Deloitte, Assessors.
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