DISPUTED ACCOUNT

Evening Post, Volume CI, Issue 50, 28 February 1921, Page 8

DISPUTED ACCOUNT

REPAIRS TO MOTOR-CAR,

The bill for repairs of a motor-car was the matter in dispute in the case of Charles Bennett against the Wairarapa Combined Motors, Ltd., heard by the Chief Justice (Sir Robert Stoat) in the Supremo Court to-day. The case was one of appeal from the judgment of* the Magistrate at Masterton, who in 'August last awarded the respondent company, as plaintiffs, £169 18s 7d on a claim for £189 12s 4d. Against the judgment defendant appealed. Mr. H. C. Robinson appeared for the appellant, and Mr. H. Biss for the respondent.

The appeal was based chiefly on the question of fact. The original claim was for £189 12s 4d, which included an amount of £13 18s 9d for goods furnished, apart from the repairs. This was admitted. The facts as set out for tha appellant were that the cylinder web was fractured, and this the respondent company had w«lded at Napier by the oxy-acetone process. Afterwards, after running about 300 miles, another accident occurred, and the car' broke down again. It was submitted that the part should not have- been welded, but a new part supplied. The second breakdown must have been due to a defect in the main crankshaft bearing. The allegation of the defence was that tho second accident was caused by the breakage of the starting-chain and tho consequent failu.-e of the crankshaft and the main bearing. Evidence waa given on the subject by expert witnesses. (Proceeding.)