SUPREME COURT.

Auckland Star, Volume XXXIX, Issue 130, 1 June 1908, Page 3

SUPREME COURT.

CIVIL SITTINGS.

The Civil Sittings of the Auckland Supreme Court were begun this morning, before Mr. Justice Edwards. ALLEGED FALSE REPRESENTATION.

CLAIM FOR £250 DAMAGES.

Dorothy Emmie Morgan, for ■whom Mr. Burton appeared*, sought to recover from Eva JtlcConnell, the sum of £ 250 damages for alleged false representation. Dr. Bamford, instructed by Mr. Battley, appeared for the defendant. The case "was heard before a jury of four. In . opening the case for the plaintiff, Mr. Burton said that the question for the jury to decide was really a very simple one. The action was really brought ih respect of the sale by defendant to plaintiff of a business. The whole thing was stated in the sale note dated December 7th, 1907,' which stated: " I have this seventh day of December sold l .my interest in the confectioner's shop now held under lease by mc." The crux of the position was the lease. The price of £65 paid for the business was to include all stock. On December 7th plaintiff paid her £65, and went into possession, and remained there until the beginning of March. She then desired to put the lease into the hands of an agent for sale, when it was discovered that there was really no lease. At the time the bargain was entered into and the money paid, defendant stated that the lease -could not be produced at • the time because her husband had possession of it, and that he had placed the whole of his papers in the hands of a Mr. Wilding, but ag soon as the lease did turn up, it would be transferred to plaintiff. The facts would show that when it came to the question of plaintiff desiring to sell out her interest, the lease could not be found, and at last defendant's husbantt acknowledged that there really was no lease at all. Without the lease the business was of no value at all. Dorothy Emmie Morgan, the plaintiff, said that in December last she entered into negotiations with defendant, and purchased the business for £G5. Defendant told her the business had three and a half years' lease to expire. She had spent £35 on repairs. In March last she received an offer of £150 for the lease alone, and she then discovered that no lease existed. Herbert Llewellen Morgan gave corroborative evidence. A man working on the Iris received a fall to-day which resulted in some painful, but not serious, injuries to his head. He was conveyed to the hospital.