DEFENDED ACTION

Feilding Star, Volume 4, Issue 729, 11 March 1926, Page 8

DEFENDED ACTION

IN*THE S.M. COURT

The Benson Motor Co., in voluntary liquidation, by its liquidator, A. J. Geary (M r Pagan) proceeded against Arthur George Dear, -farmer of Bongotea (Mr Graham) in the S.M. Court to-dav, before Mr Watson, 5.M.,. for the recovery of £ll )4,s 3d, being tlie. amount outstanding on an account alleged to be owing by the defendant to the plaintiff company’ for work done and material supplied between Sopfenibej. 1922 and October 1923. '

The defendant in 1021 purchased nn Oakland motor car, the particulai model of which had arrived in a defective condition. Defendant entered into an arrangement with the now deceased proprietor for the replacing of certain of the defective parts in common with several other purchasers of the particular model. Two weeks after lie took his ear to the garage the proprietor died and the principal shareholder in the company took charge. The company liquidated and on making enquiries regarding an account which he considered excessive, defendant was referred to the liquidator. A verbal arrangement was made, the liquidator accepting £2O as payment of the account. Later nn account was received for the. amount claimed, which lie refused to meet. '

On behalf of the plaintiffs, evidence was give n by A. J. Geary and W. W . Andrews and by H. J. Williams, motor mechanic, who testified as io the reasonableness of the company s charges.

In giving judgment- the Bench considered that the payment of £2O by the defendant to the plaintiffs, unde,Hie arrangement with the deceased proprietor of the company, more than met his obligation. Judgment was therefore given the defendant and costs £2 12s 6d allowed.