REFUND OF PURCHASE PRICE

Evening Star, Issue 22798, 5 November 1937, Page 3

REFUND OF PURCHASE PRICE

MOTOR VESSEL SALE [Per United Press Association.] AUCKLAND, November 4. 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 Supremo Court to-day. The purchaser of the boat was William Sampson, marine engineer, and he succeeded in a claim for a refund of the 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 was 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 Sorensen knew it was not so. The plaintiff said that the value of the vessel now was only £3o_ for scrapping, and he therefore claimed £720 fom Sorenson. Sampson used the vessel in the Warkworth trade until last May, when she met with a mishap off the Noisies. Sorensen denied making.any untrue representations, and said the ship was sound and seaworthy at the time of the sale. The jury inspected the vessel, and, after a retirement of 18 minutes returned with a verdict for the plaintiff for £7OO, the boat to be returned to the defendant. Judgment was entered accordingly, with costs.