Supreme Court Claim Over Sale Of House Continued

Press, Volume CII, Issue 30269, 23 October 1963, Page 11

Supreme Court Claim Over Sale Of House Continued

Details of what were said to be inadequacies tn the foundations and roof of a house at 75 Kearneys road were given in the Supreme Court yesterday by a building consultant, when Mr Justice Wilson continued the hearing of a claim for damages arising from the sale of this house.

The consultant. Angus Hugh McMaster, was in the witnessbox for five hours and a half. The plaintiff. Mervyn Alexander Gordon, a company director. is claiming against Herbert Ernest Raymond R.ghton, a contractor, from whom he purchased the house in July, 1959

Gordon allege., fraudulent misrepresentation, or alternatively breach of warranty •nd condition. He claims £1598. as the cost of restoring the house to proper condition, and also £9OO special damages. Mr J. G. Leggat, with him Mr A Hearn appears for Gordon, and Mr S. H. Wood for Righton On Monday, Gordon gave evidence that before he signed the contract to purchase, he had expressed doubt about two features—the flat roof and the parquet floor R.ghtoo had replied that he had built the house himself, and that the roof and floor would last for many years, said Gordon.

Soon after taking pesses-s-.on. he had found the carpet in one room rotting, because of dam;, and the parquet tiles lifting McMaster gave evidence that he had been asked to in-

sped the house as a result of an insurance question He found that water from a faulty installation in the shower cabinet had saturated the concrete beneath the floor, beyond its normal saturation point. This process would have taken at least 12 months, the witness said. "The whole end of the veranda is definitely on the move,” McMaster said. There were five cracks in one 17ft block of concrete, and one of these had gone through the floor and through the main house foundation from the outside. i On inspecting the roof. Me- | Master said, he had gained the impression that the entire top Layer was of a foil “most unsuitable for the purpose." In January, 1961, this inspection had shown that 1200 square feet of the roof was covered in water There were only two downpipes, and both of these were on a high portion of the roof not touched by water. The witness detailed the repairs necessary to restore the house to its proper condition. These he estimated to cost £1598. Mr Wo.d cross-examined this witness at length on the reasons for this damage to the roof and flooring, and the cost of repairs. The tearing will continue today

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