Arthur John HUDD [8837]

  General Notes:

The Daily News (Perth, WA : 1882 - 1950) Wed 28 Mar 1928 Page 7 ORCHARD DISPUTE
ORCHARD DISPUTE
Area Misrepresented
IMPORTANT DECISION
Mr. Justice Northmore this morning in the Supreme Court gave a judgment which is of interest to purchasers property, and which shows that, in the absence of fraud, untrue particulars even in writing but not included in the contract, give no cause of action for damages or compensation.
The action arose out of the sale of an orchard at Walliston, and the parties were Frank H. Turner, purchaser (plaintiff) and Arthur John Hudd, vendor (defendant). In evidence it was stated that a sale was arranged at £900. and the vendor and purchaser set out for a solicitor's office., On the steps Hudd said: 'Why should we pay solicitor's costs. I know where to buy a form, and we can fix up the contract ourselves.'
TROUBLE BEGINS
Turner took possession, and all went amiably until ploughing season, when Turner discovered that the orchard was of only eight acres, being two acres short of the acreage stated in particulars delivered to him in writing during the negotiations; The contract did not refer to these written particulars, but contained a clause providing that if any dispute should arise as to any misdescription or error in the particulars it should be referred to arbitration and compensation allowed. Turner appointed his arbitrator. Hudd ignored the proceedings, and the arbitrator went on and awarded £157 to Turner.
The plaintiff sued for £157. Alternatively he alleged that the vendor had fraudulently 'represented the area of the orchard, and In any case he claimed that the vendor had to make compensation for the shortage.
INNOCENT MISREPRESENTATION
His Honor read the particulars as stated in the contract, and held that, as the matter of acreage was not referred to in the contract the dispute did not come within the purview of the arbitrator. As to the claim for fraud, the acreage was undoubtedly short of that represented, but he was satisfied that the error was unintentional on the part of the vendor. Two years previously Hudd had bought the property from the Agricultural Bank on the basis of nine acres of orchard, and he had himself since added to the orchard. On the facts it was a case of innocent misrepresentation and the law was settled that no innocent misrepresentation gave a right of action sounding in damages. The remedy of the purchaser was rescission of the contract, which had not been claimed. To succeed on the ground of fraud the plaintiff must prove not only fraud on the part of the vendor, but also that the fraud had induced the purchaser to enter Into the contract.
Turner had inspected the property and expressed himself as being well satisfied with it, and his Honor thought that although the particulars had induced him to inspect, his decision to buy was not based on the acreage stated in the particulars.
Judgment was given for the defendant with costs. Mr. F. W. Curran appeared for the plaintiff, and Mr. W. M. Nairn for the defendant.

The Daily News (Perth, WA : 1882 - 1950) Sat 4 Apr 1936 Page 11 Council Candidate Withdraws
Council Candidate
Withdraws
Mr. A. J. Hudd, of Pantapin, one of the three candidates carrying Country Party endorsement for the East Province election, has notified the general secretary of the Primary Producers' Association that indifferent health will prevent him from continuing his election campaign. He will be confined to hospital for some time, and has, therefore, decided to withdraw from the contest.

Sunday Times (Perth, WA : 1902 - 1954) Sun 25 Mar 1945 Page 15 Family Notices
HUDD.-The friends of the late Mr. Arthur John Hudd,of 166 Coode-st., Como, and of the Bon Marche Ltd., Perth, are respectfully informed that a Methodist Cremation Service will be held, in the Karrakatta Crematorium at 11.15 O'Clock TOMORROW. (Monday) MORNING. The cortege is appointed to leave our Service Chapel, 664 Newcastle-st Leeder ville, at 11 o'clock.Friends may proceed by the train leaving Perth at 10.45 o'clock. ARTHUR J.
PURSLOWE & CO. Tel. B2649.

The West Australian (Perth, WA : 1879 - 1954) Mon 26 Mar 1945 Page 1 Family Notices
HUDD, residence, 166 Coote-street. Como Arthur John Hudd, dearly loved husband of Martha, and devoted father of Brenda; aged 50 years.

HUDD. On March 23. 1945, at his residence, 166 Coode-street, Como. Arthur John of dearly beloved husband of Martha loving father of Brenda; aged 50 years He died as he lived, always thinking of others.

HUDD--On March 23. 1945, at his residence, 166 Coode-street, Como, Arthur John, loving brother of Lilian, brother in-law of Fred and loving uncle of Eileen. Always thoughtful unselfish and kind What a beautiful memory to leave behind.

HUDD--On March 23, 1945, at his residence, 166 Coode-street, Como. Arthur John loving brother of Alice, brother-in- law of Joe and uncle of Byron. In silence we remember.

HUDD.-On March 23. 1945, at his residence, 166 Coode-street, Como. Arthur John, loving brother-in-law of Grace and Jim (Carnarvon). We, who knew you, will always remember.

HUDD.- In fond memory of Arthur John, Who passed away March 23; brother-in-law of Angus and Lilian Godber and uncle of David..

HUDD.--On March 23. at Como Arthur John. loved and esteemed brother-in-law of Saff and Veen Simpson fond uncle of Leila, Milford, Joan and Elva. To live in hearts we leave behind is not to die.

Hudd (Arthur)), - A sincere tribute to the memory of our dear Friend, who was called Home, March 23. 1945. A true Christian gentleman. Inserted by Mabel and Lin Murray (Canning Bridge).

HUDD.--A loving tribute to our sincere friend. Arthur, who passed away March 23 1945. Ever remembered by Mr and Mrs G. Henley and Norma.

HUDD.-A tribute to the memory a Foundation Member, who passed away Friday. March 23 1945. A loved worker has crossed the Bar. Como Methodist Girls and Boys Gym Clubs. Y. DAY and K. SMITH, Secretaries.

HUDD (Arthur).-A tribute to the memory of the loyal and devoted work mate of our late assistant superintendent and teacher, who was called to hlgher service, March 23 1945. A true friend of the children of Como Methodist Sunday School L. D. MURRAY. Supt; B YOUNG. Secretary.

The Daily News (Perth, WA : 1882 - 1950) Thu 25 Mar 1948 Page 9 Family Notices
HUDD, Arthur John - In Ioving memory of our dear husband and father. Always remembered by
his loving wife Martha and daughter Brenda.

Arthur married Martha GODBER [8836] [MRIN: 2868], daughter of David GODBER [8763] and Mary Ann STEWART [8828], in 1918 in Perth, WA, Australia.⁶⁹⁵⁸ (Martha GODBER [8836] was born in 1890 in Diamond Creek, Vic, Australia ⁶⁹⁵⁹ and died in 1985 in , WA, Australia ⁶⁹⁶⁰.)