FRAUDULENT SALE

Evening Post, Volume CX, Issue 67, 16 September 1925, Page 9

FRAUDULENT SALE

AGENT'S STATEMENT WAS MISREPRESENTED

JUDGMENT FOB PLAINTIFF,

Judgment for; the plaintiff was 'given in the Supreme Court yesterday by his Honour Mr. Justice. : MacGregor in the civil actjpn by, Ada' France, of Eketahuna, for the recovery 1 of £350, deposit on the purchase of a house, from Fanny Lepper, of Petbnei and her husband, Charles. Henry William Lepper, v..'. carpenter/ on the grqunds' of fraudulent misrepresentation. .Mr. P. J. O'Regari' •and Mr. A. Pere appeared for the plaintiffs, and Mr. 0. C. Mazengarb for the defendant.' '.';:' ' "■.■''•'• .. '••■'■ The ; claim was based on ■ the stats-, ment allegedly made by the vendors to the purchaser that Croft, an estate agent, had told, the vendors that he would recommend the purchase by Mrs. France, on'the strength of which statement she paid the deposit. This Croft, denied, in evidence, and his Honour, after hearing the evidence for the defence by the .Leppers; and' some of their, family, > said it was necessary that the correspondent which had passed between the parties should be taken into consideration, and this, with the evidence, made him satisfied that, neither of the Leppers believed, when they were telling plaintiff about Croft's statement, that they: were telling the, truth. Croft was far from satisfied ,with the property, and yet, on the Leppers' own evidence, it was evident that the payment was made, on the ground that the agent was eatis--fied. Judgment was given for plaintiff with costs, but his Honour held she was not .entitled U> .interest, gg cl»iis*d. . . ■'.-...■