DISPUTE OVER FURNITURE.

Auckland Star, Volume L, Issue 253, 24 October 1919, Page 9

DISPUTE OVER FURNITURE.

UNUSUAL FACTS. .in unusual case was heard at the Magistrate's Court yesterday before Mr. F. K. Hunt, S.M. Mr, H. C. Brewer, the secretary of the Auckland District Law Society (Mr. Allan Moody) proceeded against Mr. Walter Bailey, of Auckland (Mr. J, F. W. Dickson),"for the sum of £37 5/. Mr. Moody, in opening, said that the facts of ;he case were somewhat complicated und arose through the defendant negotiating ior the purchase of plaintiff's house at Kohimarama. Mre. Brewer would give evidence that the Baileys came to her and asked whether She -would let the house and that she refused to consider letting. After some discussion and after the Baileys inspected the house she met the defendant who agreed to buy the houee for £1250, a deposit of £150 was agreed upon and.a further gum of £350 was to be paid on or before the 15th November last, the defendant to take over an existing mortgage. Mr. Bailey paid only £85 on account of the deposit and asked that possession be given on the following Monday, the 23rd September, stating that the balance of the deposit would be paid on the Monday. The defendant also agreed to purchase 6ome of the furniture in the house and this amounted to £37 5/. The defendant paid another sum of £40, but both receipts were loosely worded ac being for furniture and fittings. These did not express the exact position. The furniture was admitted by the defendant to be worth the sum mentioned. The defendant took possession and failed to carry out the contract. The plaintiff wrote on several occasions asking that the matter be completed, but this was never done. The defendant now stated that he did not buy the house and that he was only going to be a tenant. Mr. Moody submitted that the only points for the Court' consideration were (1) Was tlie furniture -sold and Had it been paid for. The Magistrate's Court was hot concerned with the sale and purchase of the house, or am* ouestion as to whether there was a binding agreement for sain and purchase. Mrs. Brewer grave evidence on the lines indicated by counsel, and after hearing her and Mr*. Brewer's evidence, the case was adjourned till Tuesday next.