CAR AND CYCLE

Evening Post, Volume CXVI, Issue 145, 16 December 1933, Page 11

CAR AND CYCLE

A DISPUTED TRANSACTION

The unusual circumstances of a transaction between Edward James Ireson, t driver, of Lower Hutt, and Denis Guilfoyle, a wireworker, of Wellington, were the subject of a reserved decision delivered by Hr. E. Page, S.M., in the Magistrate's Court yesterday/. Ireson sued Guilfoyle for the return of a motor-cycle valued a,t £50, Or alternatively for £50, being the value of the cycle, and for £25 damages. Judgment was given for the plaintiff. The plaintiff alleged tlxat lie sold the defendant a car which the plaintiff was purchasing on the hire-purchase system. The defendant Guilfoyle'agreed to take over the car, giving Ireson as deposit his motor-cycle, the value of which was agreed upon as £50, and taking over future liability tinder the hire-purchase agreement. Iresou alleged that subsequently, owing to Guilfoyle defaulting in his hire-purchase instalments, the car was repossessed by the company from which it was being bought, and . shortly afterwards, during Ireson's absence from home one evening, Guilfoyle came to his house and took the motor-cycle. The action was. brought for the recover}' of the cycle,' or its value, and for damages in respect of the trespass. The defence admitted the facts alleged by the plaintiff, but contended thit an essential condition of the contract liad been that'lreson should sell the motorcycle and lend Guilfoyle the .proceeds to assist, him.with his payments on the car. The defendant submitted that the non-ful-filment of this agreement gave him the right to regai-d the whole contract as 'at an end. and to take back his motor-cycle. The plaintiff denied this condition. "In the view that I take of . whole of the, evidence," said Mr. Page in:his judgment, "the defendant has.. failed^ to establish that the -parties ever came to an agreement that the plaintiff should, sell the motor-cycle and lend the money to the defendant, or that there was in the bargain made by them any condition or warranty to that effect. I think that the sale was completed by the bargain carried out. on July 31, namely, an exchange of the motor-cycle for the equity in the motor-car; the property. in the motorcycle passed to the plaintiff, and in my view the defendant had no further right or interest in it and had no right whatever to retake it." Judgment was accordingly ■ given for the plaintiff, and an order was made for the return of the cycle. The question of the assessment of its value and of damages was reserved. Mr. H. J. Bishop appeared for the plaintiff and Mr. J, L. Mac Duff for the defendant.-