RETURNED TO SELLER

Evening Post, Volume CXXIV, Issue 111, 6 November 1937, Page 13

RETURNED TO SELLER

UNSEAWORTHY SHIP

PURCHASE PRICE RESTORED

(By Telecraph—l'ress Association.) AUCKLAND, November *

The seaworthiness' or otherwise' of the 19-ton motor-vessel Iranui when she was sold last November' was the central issue tried by Mr. Justice Fair and a jury in the Supreme Court. The purchaser of \ the boat was William Sampson, marine engineer, and he succeeded in a claim for a refund of purchase price against Joachim George Sorensen, master mariner.

In November last Sorensen sold Sampson the Iranui for £750, of which £550 was paid in cash and the balance secured by a mortgage over the ship. Sampson alleged that Sorensen had represented to him that the Iranui was sound and seaworthy, whereas it was not so, and Sorehsdn knew it was not so. Plaintiff said her value now was only £30 for scrapping, and he therefore claimed £720 from Sorensen. Sampson used the vessel in the Warkworth trade until last May, when she met with a mishap off the Noises.

Sorensen denied making any untrue representations, and said the ship was sound and seaworthy at the time of sale. -The jury inspected - the vessel, and after'a retirement of 18 minutes returned with a verdict for .plaintiff of £700, the boat to be returned to the defendant. Judgment was.entered accordingly with costs. . ".