PAYMENT FOR CAR REPAIRS

Press, Volume LXXXVII, Issue 26524, 12 September 1951, Page 5

PAYMENT FOR CAR REPAIRS

LIABILITY DENIED BY PURCHASER

MAGISTRATE’S DECISION

“I’m quite satisfied that plaintiff is entitled to payment in full from the defendant Lewthwaite. I don’t think any purpose would be served by hearing the evidence of the second defendant, Pyne,” said Mr F. F. Reid, S.M., when a claim for £26 2s 6d made by William Sutherland Harrison, a motor mechanic, against Ronald Eric Lewthwaite as first defendant and W. Pyne as second defendant was heard in the Magistrate’s Court yesterday. Dr. A. L. Has’am appeared for Harrison. Mr G. G. Parry for Lewthwaite and Mr J. R. L. Campbell for Pyne. Dr. Haslam said that Harrison had been instructed to carry out repairs on a car which the first defendant had purchased from the second defendant. The first defendant denied liability for the consequent account for- £26 2s 6d on the ground that the second defendant was responsible for the repairs, and as the plaintiff had been in doubt where liability lay he had decided to sue both.

Pyne had told him that he had sold the car to Lewthwaite and Lewthwaite would bring the car in to him for repairs, said Harrison in evidence. He had agreed to do the repairs when Lewthwaite said that his own mechanics were too busy. Lewthwaite took the car away when the work had been done and then brought the car back saying that further repairs were needed.

“I said that the job was too big for me,” said Harrison, “and asked if his own mechanics could do the work. He asked, ’Are you frightened for the money? I’ll guarantee you payment.’ He inquired about the car several times while I was doing the job, and came with me to get the warrant of fitness for the car.” A warrant of fitness reject card produced in Court was in Pyne’s name, but had been given him by Lewthwaite, said Harrison.

Lewthwaite said that he bought the car for £6OO on condition that he was given a warrant of fitness for the car by Pyne. Pyne told him that he had taken the car to the Christchurch testing station and it needed some adjustments, but the steering though loose had been passed. He later went to the testing station, said Lewthwaite, and obtained a reject card which showed that the steering had not been passed Pyne had allowed £7 off the purchast price for the repairs then believed tc be necessary. “When I thought that Harrisor might be worried about payment for the job I said, ‘l’ll see you right or the job,’ ” said Lewthwaite. “When 1 got his bill I wrote back saying it was Pyne’s responsibility.” “Isn’t ‘seeing a man right’ seeing that he gets paid?” asked Dr. Haslam. "Not in this case,” replied Lewthwaite. To the Magistrate, Lewthwaite said that he admitted that it would have been better if he had said: “I’ll see that Pyne pays you.”