GAS ENGINE DEAL

Evening Post, Volume LXXXVIII, Issue 141, 11 December 1914, Page 8

GAS ENGINE DEAL

PLAINTIFF FAILS TO RECOVER DAMAGES. Judgment was given at the Supreme Court to-day by his Honour the Chief Justice (Sir Robert Stout) in the civil action, John Eli Ellis versus Stevens and Co., claim for £460 damages. The proceedings arose out of the purchase of a Feilding gas engine by the plaintiff from the defendant company. The plaintiff, who is a flock manufacturer at Waiwhetu, on Ist November, 1913, ordered a gas engine and the necessary gas suction plant, the price of the plant being £235, of which plaintiff had paid £150. It was alleged that the plant was | incapable of providing 17, brake horsepower (as guaranteed) and the plaintiff therefore claimed £460 — £300 as damages for loss of business and expense of substituting other power, and £150 purchase money paid. The defence was that tho guarantee' had been fulfilled, and that any guarantee of warranty related to the capacity of the engine only if properly erected and worked. It was denied that the plaintiff had suffered any loss or damage by reason of any omission on the part of the defendant company, which counter-claimed £85, balance of purchase money. His Honour held that the plaintiff's case for breach of warranty failed, and gave judgment for the defendant in the action and judgment for the defendant, the plaintiff in the coun-ter-claim, for £85 and costs according to scale as if £300 had been claimed ; £10 10s for second day, £5 5s for second counsel, and witnesses' expenses and j disbursements, to be fixed by the Regis- ! trar. Mr. C. B. Morison, K.C., with Mr. P. B. Cooke, appeared fr the plaintiff, at the hearing, and Mr. A. Gray, K.C., with Mr. R. Kennedy, for the defendant.