UNFORTUNATE CASE.

Ashburton Guardian, Volume 54, Issue 195, 31 May 1934, Page 8

UNFORTUNATE CASE.

WOMAN TO PAY CONTRACTOR. MONEY STOLEN BY AGENT. (Per Press Association) ' '- 1: AUCKLAND, May 30. ;A claim arising out of the equipping of a beauty salon concerning the promotion of which an agent was recently convicted in the Supreme Court of false pretences and theft was heard before!Mr Justice Ostler. Arthur Pacer, a builder of Northcote, brought an action against Olive Tui Marion Turnbull to recover £199, the balance ; of money owing on a contract for the equipment of the salon. After hearing a submission by counsel that the point at issue was whether a contract had been made between defendant and plaintiff, his Honor said it was a very unfortunate case. He felt sorry for Mrs Turnbull, because she was perfectly innocent. So was plaintiff Facer. It was a question of which of the two must suffer for the fraud of a third party, a man named Pearson. His Honor added that he preferred to accept the evidence of plaintiff that defendant saw the contract. A meeting of the parties -was held to consider the contract and it was most unlikely that they would not have the contract before them. Right through defendant had held herself out as the person with whom the contract had been made. Pearson had" stolen the money which Mrs Turnbull'had given him for the very purpose of paying for the work. His Honor said he was sorry but she would have to pay. Judgment was given for plaintiff witli costs.