MOTOR-CYCLE TROUBLES.

Lyttelton Times, Volume CXIX, Issue 14610, 18 February 1908, Page 5

MOTOR-CYCLE TROUBLES.

DEALER AND INFANT. At the Magist.ate's Court yesterdayBest and Towne (Mr Rowe) claimed from J. Drury (Mr Hunt) the return of a bicycle valued at £5. The defendant counter-claimed in what the Magistrate described as a technically framed document for the sum of £26, the price paid by Drury to the plaintiffs for a motor-cycle. A few of the points in the statement of counter-claim, which contained fifteen wordy clauses, were as follow: (1) That on or about March 31 the defendants persuaded the plaintiff to purchase a second-hand motor-cycle for £26; (2) the plaintiff was then an in-, fant; (3) the defendants knew it and; took advantage of his want of knowledge and judgment; (5) the motorcycle was a useless, valueless and worn-

out machine, and such as no respectable firm would sell to anybody, leave alone an infant; (12) a demand was then made for the bicycle; (13) the plaintiff invited the defendants to do Equity, and como in with Clean Hands by taking the whole of the goods and refunding him his money plus about £l2 spent on new machinery, minus such sums as might be allowed for depreciation. Shortly put, the defendant alleged that he had paid £26 for a motorcycle which turned out " absolutely worn out," and that when he complained and threatened to sue the firm for it they gave him a £2O bicycle for which he was to pay £lO when he had sold the motor-cycle. C. G. Jones, manager for Best and Towne, said that Drury had purchased a motor, the engine of which was absolutely _ new. Drury's brother had made repairs to the machine, but had made it worse. The frame subsequently collapsed, owing to rough wear, and it was repaired by the firm. Subsequently Drury agreed to purchase a £22 10s bicycle, on which they agreed to allow him £7 10s in consideration of the alleged trouble with the motor. He had never paid anything on the bicycle. The Magistrate said that the plaintiff was clearly entitled to recover the bicycle, and three days would be allowed in which to do so.