HIRE PURCHASE SYSTEM

Evening Post, Volume LXXXV, Issue 46, 24 February 1913, Page 2

HIRE PURCHASE SYSTEM

A LAWYER'S MOTOR CAR. UNDUE INFLUENCE SET UP. (BI WLEGBAPH— SfICIAL TO TH* POST.) PALMERSTON N., This Day. Before Sir Robert Stout ih the Palmerston Supreme Court oh Saturday Bernard H. Wills, a Pahiatua cycle agent (Mr. Page) sued William Toswill, a Pahiatua solicitor (Mr, Hbllings), for rectification of an agreement, The plaintiff is a young man who purchased a cycle shop at Pahiatua from the defendant, and also bought from him a motor car under a hire purchase agreement drawn up by the defendant. Mr. Page endeavoured to show that the defefidsrit, ih his , capacity au'the plaintiff's solicitor had ah' unfair influence which caused t the plaintiff to sign an agreement which 'under independent adviea he weuld not have sighed. • His Honours If 'a farmer says to his solicitor "I see you have a fine cob. I want to buy a cob," is the solicitor bound to say "1 won't sell it to you unless you consult another solicitor about it"? Mr. Page replied that if it were proved that this hire purchase agreement were an unusual ope it could be upset. The' defendant failing 1 to cohtinue the pay-, ments desired to give up the machine, but found that the agreement did not give him that right. ■ , H. R. Cooper, solicitor, in evidence said it was usual in hire purchase agreements in ' Palmerston to give the hirer the Option to cancel the agreement by the tetum of the article hired. If it were a movable chattel he put the clause in, but if it were a fixture, ,like a eta6ionary engine, which could not vr4ll be sold, he omitted it. To his Honours It was really put in to protect, the • seller, so that no title, could be given to a sub-purchaser. Mr. Hblhhgs: If a man were to take a car worth £300 ahd pay no deposit but only £3 a week instalments, would veil eohsidef that oppressive.? Witness 1 . No. Mr. Hollihgs : Would you care ,'to let a car of yom-s out oh such conditions ?— No. I should be afraid of the car getting atvay unless I knew the man very well. Or it might get smashed up, which, of course, might be a very excellent thing if it Were well insured. (Laughter.) C. ' A. Lpughnan, Crowrf solicitor, agreed with Mr. Cooper 1 as to the custom ih such agreements. Replying to Mr. Hbllings, he said he would be delighted to sell Mr. Holhngs his motor car at £3 per week instalments, though he would be very unwilling to let Mr. Hollings send it back and terminate the bargain three months afterwards. Pliintiff in evidence said defendant proposed the sale, Plaintiff's verbal agreement with him was that he was to have 'the rj&ht to return it if sKkMid not suit, Finding it too old and too expensive to run he Mked Mr. Toewill to take it back, but he declined, and sued plaintiff for the rent of the car. Plaintiff denied that ihdhad spoilt ,tha ear. fts W, really .repaired and improved it?' - ' * ) Hi* Honour s Cduldn't you cell tho c*r>—Pkihtiff: Nobody would buy it, your HbnoUf. Mr. Pages Are you a, married man?— Yes. Could you curry oft your business if you' got rid of these payment!*?— Yen. L His Honour said it would bo regrettable that the young man should be ruined or' btokruptedover this matter. It might be possible t-o settle it. ( Mr. Hollings ; What is the charge for hiniig a car for a day?— Plaintiff: At Wellington it is £8 a d*y. • HisHinour; Thai is very high; it is about a pound an 'hour. Mr. Hollitigs : • What Would you charge mo for thrf hire of a car for A Weiek7— Witness: Five pounds & d»y. Mr. Hollings applied for a nohsuit on the ground that the relationship of so* Hoitor and client h*d not been proved. William Toswill, Oh oath, saiiq he did not agree with plaintiff that he should hftwe the right to return thb car. Even King, to whom he had previously sold the ear, had no such right. On the contrary, King paid a deposit of. £42 and inttalments of £5 a week. It was not true the ear had a bad name in Pahiatua. A. return clause w«s usual in agreements for the hire purchase of a bicycle, or a e©w' ing machine, or a piatio, but not of a motor. e*r. He paid over £700 for the ear over four years ago, i«nd plaintiff was' to get it for £290. During the lutioheon adjournment the parties arrived at an atttienble settlement of the case, and when the court reassembled, his Honour was informed that the plaintiff would consent to judgment for the defendant. Judgment was entered accordingly, with