MOTOR-CAR DEAL

Dominion, Volume 15, Issue 182, 29 April 1922, Page 5

MOTOR-CAR DEAL

CLAIM FOR DAMAGES SUCCEEDS.

In the Supreme Court on Thursday reserved judgment was delivered by Mr. Justice Hosking in the case of Thomas Schofield (Mr. O’Leary) v. R'ehard Brooks (Mr. Treadwell), an fiction removed from the Magistrate’s Court, in which plaintiff sought to recover £2OO from defendant for alleged lastnri, to deliver a second-hand ;notor-iar, allegedly sold to plaintiff by defendant's agent’(Jessop), and upon which plaintiff paid £5O deposit. The £2OO was made up of the deposit of £‘o and £l5O damages. Jessop tried to sell the car for defendant at £4OO (or £375 net), but later, it was stated, was authorised to sell for £l7O. Tho car was eventually- sold for £2OO. Defendant, hearing,of the price pa'd for the car, expressed astonishnimt. and, despite being shown his postcard giving Jessop instructions to sell at £l7O, maintained that he had intended to write £350 and not £l7O. lie. thereupon refused to complete the sale. The plaintiff did not seo tho postcard till some time after the sale, mdeed not until the cancellation of the sale was desired. The agent had ample authority to sell at the £2OO. He wfts accustomed to deal in sf<ond-hand cars, moreover, and had been entrusted with the car for sale, and >.he judgment considered the sale valid. “The plaintiff.” continued ibe judgment. “has made nut his .piht to sustain this action. On tho evidence, and especially in view of the defendant’s own valuation of the car, 1 <an only come to the conclusion that the ar ount of £l5O claimed as damages should bo allowed.” Judgment was given for plaintiff lor £2OO with costs.