BORER IN HOUSE

Evening Post, Volume XCIX, Issue 125, 27 May 1920, Page 8

BORER IN HOUSE

PURCHASER CLAIMS DAMAGES

ALLEGED FALSE REPRESENTA-

TION."

Further; evidence was'heard to-day in the Supreme Court by His Honour Sir Bassett Edwards and a jury of four in the-case of George William Grundy v. George Taylor .Goodwin, involving a claim-_for £450 damages; for alleged false representation in the sale of a house at Lower Hutt' by defendant to plaintiff. Mr. T. Young appeared for the plaintiff, and Mr. A. Gray, K.C., with him Mr. D. Pi. Kennedy for the defendant.

;,-.The, plaintiff . in; bis.-, evidence, alleged that the defendant had represented the house "as about nine or ten years old, and free from borer, and . witness had "taken- -him -at -his . word; - -on -the understanding., expressed-that .he-would get a square deal as between honourable men. He had found. on_taking possession :SEat the'house had borer in many places, >nd ..that 'the age was .fifteen ..years in■stead of ten. He had; firsg considered in&fituting proceedings'for rescission of contract, ' but, desiring to have a roof over his head, he.had, substituted a claim for damages,<- to get the house put in „proper..repair",and:..renovated. r

Yesterday afternoon the jury went out 'to the Hutt to view the property. In his evidence- to-day defendant denied having given the plaintiff a guarantee that there was no boi'er in the house. His .statement as. 1 to the age ..of 'the house was -quite ' bomjfide, '.giveiirmt the authority "of Mr. Leighton, land agent, who said he had remembered; the house being built. . ' .-■ .-:■'-

r Plaintiff described the condition of the house from borer as so' bad that he could not bring all his furniture into it,, and had to sell. ; v

In; cross-examination, /witness, said he ■did not-ask-Hhe age .of the house until he had agreed to buy. He had put Mr. Goodwin on his honour to give him a square; d^al-jand on l that account he did not-"send' a> man- out to examine' the house. He admitted signing a letter in which no reference was made to borer or age of the house.. He had- decided to stick to the.house aria.claim damages for renovation,- because he wanted a house. At this stage the Court "adjourned to. the afternoon. (Proceeding.) '