SALE OF MOTORCAR.

Auckland Star, Volume LI, Issue 226, 21 September 1920, Page 2

SALE OF MOTORCAR.

Deoiulori waa given by .'Mm, X, (L Cirtten, H.M., this morning at the Mim trate'ii Cotirt In iv oa.e heard en th# illth and 12th of AngiM*. The Thome* Maxwell (Mr, Inder), sned: W T ftauter und Co. to Moover £00, balance alleged to lie due en the side ef ft .nieioff car, A ft!njftilur feat-lire at the ci*eo w<M that two wltnes.es whn oerild have ffiven evidence, had dlfd, «nd *v third h«d Jelfe Auckland, PWntiff'is eaee vroe th*t in conjuiiL'tian wltlt two other« J»e chaawl an Abbott motor ear fe? £425, paying down £1100, La tor he went to \i>s front and left hla eaT with a wan wun&d Rol>ert*on to be need aa a- caxi'oab, The arrangement wan that Robertson »lienH pay hlnuelf wnaes «ut ef tlie earninga and hand ever the balance to defendants, Aβ the inntnlmentH were net fully paid ■up, the dpfendanw Had the ear handed ovw to tiipm. About twelve manths afterwards It wat *«l(l for £980, fPJaiijtlff iiurtu retiirniiijt from tie .war claimed tho £1150 from defqiidantd, being tlie diM ference betiven the prloo for whiah th« car was sold und tiie amount owing when tho car was handed over to fendant, Tim deienre wna thsu wns nothing di.- , ta iilaintlfF, as defendant expanded .CJ\ fi/11 an repairs, whl«H with other iimis specified n'bsarljed the balance, Mr, Outten lield that defenda-nte warej hound by the agreement entered lute, when ih«y had full opportunity of ex-* amin!ng the car, They took it eve.T *nd, agroe<l to isell it at r price net less than £280 in the condition that It them was, They subsequently upenr, money upon, the ear, and sol.l it at A price in exoee* of £-330. ills Worship held the d«ien= dants did that at their en'n ri<&, They were entitled to the beneflL of thftj ex. pendrtirra so far iio it resulted in t&8 price obtain«l eweeding £230, Tmk 80 furcher, ■Defendants were, 3iQweveT| entitled to interest up to the Ume they received payment nf the amount dn? ttf them, That amounted to £11= The amount due to defendant with interart at the timo of the sale was £171 %/%• The plaintilT was entitled to judgmeirt for the balance, Sir, Outteij jnd* menr for nlivintiff for £iSB 17/4, wiW costs £9 14/«,