LEASE OF BAKERY.

Auckland Star, Volume LX, Issue 245, 16 October 1929, Page 9

LEASE OF BAKERY.

CLAIM AND COUNTER-CLAIM. MISREPRESENTATION ALLEGED. The hearing of the claim by Peter Elder Ramsay, baker (Mr. Quartley) against Thomas Alfred Leonard Mitchell, commercial traveller (Mr. Goldstine) before Mr. Justice Smith in the Supreme Court, was resumed this morning. The claim followed a dispute over the lease of a baker's shop and premises in Manukau Road, Epsom, and was based on allegations of fraduient misrepresentation. The defendant brought a counter-claim for damages through loss of rent and for arrears of rent. Plaintiff claimed £150 general damages and £0 3/ special damages for costs of preparation of the lease, and the counter-claim was for £578 damages for loss of rent and £32 for arrears of rent. The lease had a currency of five years at an anuual rental of £208 for the first two years and of £234 for the remaining three years. The defence was a denial of all allegations of misrepresentation; it was contended that the plaintift, on entering on the lease, relied solely on his own judgment and knowledge.. Evidence was given yesterday by the plaintiff and by Harold John Taylor, baker, who bought the premises in dis-_ pute from a man named Bear for £325 in August, 1925, and, finding that lie could not make it pay, sold out for £20. Other witnesses were John William Bayley, a merchant dealing in general bakers' supplies, and Charles Holehouse, a grocer in the district, who said that his takings had increased since he went there in April, 1928. In his evidence this morning, the defendant said that he did not tell Ramsay that "the door had only to be opened" and the business would come back." At the price, he believed that the place was the best proposition in the Auckland district. The shop was now occupied; it had been taken last week at a rental of 30/. Witness declared that lie told Taylor all he knew about the matter. Judgment was reserved.