SALE OF MOTOR CAR

Evening Post, Volume C, Issue 49, 26 August 1920, Page 8

SALE OF MOTOR CAR

SUPREME COURT ACTION ■ i

In the Supreme Court this rooming the. hearing was commenced of the case of John Dineen, of Wellington, probation officer, v. L. Hathaway, also of 'Wellington,'a claim for, £412 i 10s damages, for alleged misrepresentation in connection wilh the purchase of a motor car. The Cliief Justice (Sir Robert Stout) was on the B,ench. Mr. T. O. A. Hislop appeared for the plaintiff,, and Mr. K. F. O'Leary foi. the defendant. Plaintiff said that in April, he saw Mr . Stantcn, at Stanton.', and Evans's garage, and told.him ,he wanted a- good secondhand car, for taxi purposes, ready for immediate use. Eventually he went to Boulcott-streefc where he bought for £412 lOsi a (^'Vfrom L: Hathaway,; on the representatioiKthat'it'was fit for immediate use.- He was accompanied by H. 0. Browne, who: told him the car would'go'"from 18 to 19 miles per gallon of petrol, and that'it would be ready for use for the Wellington races, two days later. He was told by/'Browne that the owner was I*. Hathaway, and the purchase was made on that understanding. Browne said he did not want to lose the commission on the sale, and said hewould 'see that witness got.it for. £412 1Q&, though the price originally asked Waal £425. When he took over the- cai Hathaway , was introduced to him by Browne as the owner of the car. j Habhaway said the car was' in first-class order. Petrol ,was put in the tank, andj Hathjiway ..tried to start t^e car. It would not start with tlie self-starter, and Browne tried to start it with the "crank, but it would not start. Later in the day a new battery and carburetter were put in,\ancl,> Hathaway agreeing, the machine was taker- to s> garage for overhaul. It was only got tc a garage with considerable difficulty. It was under repair for about two weeks. In tlie meanwhile, witness told Hathaway that he would not go on with the purchase. Hathaway said that he would see that the car came up to representations. Wit., ness liad by that time paid a deposit of £10 and cheques for £390 and £12 10s. 'Cross-examined, witness said lie paid the £10 deposit on a contract for the sale at £400. Browne had told him the price required was £425 The cheques were paid over before he saw Hathaway. They weTe paid to H. O. Browne, (Salesman ;Eor flta-ntons, Ltd. . . (Proceeding.)