SALE OF A CAR

Hauraki Plains Gazette, Volume 54, Issue 32630, 8 October 1945, Page 5

SALE OF A CAR

SEQUEL HEARD IN COURT ACTION BY SHAREMILKER DECISION FOR THE DEFENDANT The sequel to the sale of a secondhand car was heard in the Paeroa ."Magistrate’s Court on Monday before Mr W. H. iFreeman, S.M., when. Edward Crooke, sharemilker of Ngatea, -claimed £l'23 13s Od from Benis Clive ' Linn, garage .pi’oprietor, of Paeioa. After hearing lengthy evidence, the magistrate dismissed Crooke s claim ;and entered for defendant with court costs '9s, solicitor’s fee £6 4s Od and witness’ expenses 17s. Mr A. Bryan of Thames, appeared for Crook and Mr R. S. Carden appeared for Linn. Mr Bryan in outlining his case, •stated that the action was brought as the result of the purchase of a secondhand motor-car by a sharemilker living li miles from Ngatea. The purchaser had required a car which when he visited town would take him home ..again in time to milk.

Linn had called at Crooke’s place to purchase a car belonging to his son. While Linn was there Crooke had mentioned that he would' want a car in about 12 months’ time. Crooke had said that he would' need a reliable car as he had to visit another farm belonging to his employer from time to time. He had said that h'e” was not fussy about appearances. Linn said that he would l let him know if and when he got such a car. Some months later Linn showed Crooke a car and then later called at Crooke’s house and took plaintiff and his wife for a run through Ngatea and back. After the drive they discussed the sale in the house when Crooke asked ; if the engine was in good condition .and Linn replied that it was. Further •questioned Linn had stated that the 'Car was not using much oil. Asked about other features of the car Linn had replied that all was in order. Crooke then decided to purchase the car and it was after the vehicle had been delivered that the trouble began. ‘The car since purchased had been in various garages for a considerable time and a considerable amount of ■expense 'had' been incurred’. ■Steven Edward Crooke gave evidence of his purchase of the car from Linn for which he paid £24Q. He had had a trial in the car of about three miles before purchase and it was after that that Linn had assured him that the engine was alright and was' not using oil. He had' stressed to Linn that he wanted a trouble-free car as he could not pay repair bills and keep up payments for the car. After some discussion he had told Linn that he would take the car if it stood up to the reputation Linn gave it. He had paid £5 to seal the deal and took delivery of the car some time later. The car was alright on the trip home and that evening he drove it to Turua. While there he had the Turua garage instal two new plugs and then drove the car home and put it in the shed where it stayed for several days. The next drive was to Thames, when an axle broke in the main street. A miss also developed in the engine on the road to Thames. He also complained to Linn regarding a grinding noise but after examination Linn said there was nothing wrong with the car. He later had the car checked' by the Automobile Association in Auckland who condemned the car as a bad buy. He then asked Linn to change the car but Linn replied that this could not be done.

Questioned by Mr Carden,, Crooke said the car behaved quite satisfactorily when he drove it home and the trouble had developed later. He admitted driving the car after he had found it had been boiling without having the vehicle attended to. Mr Carden said that on September I's, Linn and • another had inspected the speedometer of the car and found that the mileage for 11 months was 6714 miles. According to Crooke the 'Car had been laid- up for 17 weeks of that time, leaving only 27 weeks for the milage to be run up, *

Magistrate: That’s. more than I do ■and I’m on the road all the time. Mr Carden said that on September 29 at the Paeroa race the speedometer had shown an increase of 614 miles in 14 days. Magistrate: Have you ever used kerosene in your car?

Crooke: Definitely not. Magistrate: Do you know the effect of using kerosene in your car? Crooke: Yes, it would cut out the main bearings. Magistrate: There has been a lot of benzine used in your car then.

Crooke said that he could get a licence for petrol whenever required to visit the other farm. His son had been in the army and two of his son’s friends had given him petrol when on their final leave. He had also had

a special licence when his wife had 'been in ill-health and had to visit town for treatment.

Mrs M. 'Crooke, wife of plaintiff, gave evidence of the purchase of the car on similar lines to her husband. She recounted how later the car was not saitsfactory and Linn had promised to fix up the trouble but had not done so. Questioned by Mr Carden, Mrs Crooke admitted that the leakage of oil from the car had increased after it had been driven when it had boiled.

Questioned by the Magistrate, Mrs Crooke said that kerosene had never been added to petrol in the car. Noel Raymond Crook, son of plaintiff, said he remembered his father telling Linn that he wanted a troublefree car. Linn had said that the car was in good order.

Ernest Cyril Rippon, engineer employed by the Auckland Automobile Association, said that he had inspected the car in December and estimated that it needed about £lOO spent on it to put it in order. To Mr Carden Rippon said that much damage could be done in an 80mile drives to Auckland if the car was boiling from time to time, He agreed that if a car travelled 15 miles satisfactorily after purchase it was a very fair test. The seller could not be blamed. foi* anything that developed later.

Owen 1 McDonnell, garage proprietor of Thames, stated that he had had Crooke’s car in his garage for repair. The car was in the condition that it would be expected to be after 10 years’ use. He considered the car had a life of about 25,000 miles. He had seen no evidence of damage which would have resulted if kerosene had been used.

Clarence Tilsley, farmer of Tirohia, said he had been the owner of the car now owned by Crooke. He had purchased it from Linn for £2OO. He had not found it a satisfactory car. He had traded the car back to Linn for £166.

Questioned by Mr Carden, Tilsley said he had only had the car in a garage twice in seven months. His only complaint was regarding the carburettor.

Further cross-examined Tilsley admitted that he had had a lot of time, for the car and that Linn had treated him very decently. Linn had taken the car back when he (Tilsley). held thought he was going into camp.

Mr Carden said the action must fail as there was no proof of misrepresentation. The car was in good running order when it was sold. Tilsley had admitted that he had no complaint + o find with the car.

The Magistrate said the plaintiff would be non-suited and entered for the defendant as above.