SALE OF A CAR

Dominion, Volume 23, Issue 129, 25 February 1930, Page 12

SALE OF A CAR

QUESTION OF OWNERSHIP. A point of interest to motor dealers was discussed in the Magistrate’s Court yesterday. before Mr. T. B. McNeil, S.M., when C. H. Andrews (represented by Mr. J. J. Garbett) claimed a motor-car or £B5 from' Campbell Motors, Limited (for whom Mr. R. R. Scott appeared). Plaintiff explained that one Rainford, a salesman, by representing that the car was his property, obtained a deposit of £35 from plaintiff, and purported to sell the car to I him. Evidence was given to the effect that Rainford had the car registered In his own name as owner, and that he had sole possession of the car for some considerable 'time prior to this transaction, and that Rainford had been Spaying half his commissions to Campbell Motors toward payment of the car. Plaintiff allegea that Rainford had entered into an agreement to purchase the car from Campbell Motors, but this was denied by defendant. Mr. Scott.made a special point of the fact that registration meant only that the registered “owner” was entitled to possession, and not full ownership, and explained that the car was the property of Campbell Motors throughout, half of Rainford’s commission, over his salary, being deducted for depreciation. The Magistrate, after hearing evidence in support, adopted Mr. Scott's contention, and in giving judgment for the defendant company, said that as Rainford did not enter into an arrangement to buy the car, he could not sell it to Andrews, although he had possession and the registration papers were in his name.