MAGISTRATE'S COURT.

New Zealand Herald, Volume LII, Issue 5883, 1 April 1915, Page 5

MAGISTRATE'S COURT.

PURCHASE OF HANDBAG.

CLAIM FOR A REFUND.

•There was only one defended caw at the ! Magistrate's Court yesterday morning. This was a claim by Kristian Wille (Mr. Scantlebury) agin.-' Tart Bros. (Mr. Mowlem), fancy dealers, for £1 15s, \altie of a lady's handbag purchased by pla.i.uff and subsequently returned because it was unsuitable.

The plaintiff stated that he purchased the handbag from defendants' shop on Christmas Eve for £1 15s as a present for his wife, the understanding with tho shop assistant being that it could be returned if it was not suitable. Nothing was said about the purchase price being refunded, hut he took it that the money would be handed back to him. The bag u.'s returned to defendants on December 28, but they would not give him back the money he paid for it. Evidence was giver, for the defendants to tho effect that the assistant did not promise to return the money, but offered to change the bap 'or another b.->.g or any other article to the value of £1 ISa which the plaintiff might select. He wanted his money back, and refused to accept anything else in exchange for the 'fiie magistrate, Mr. C. C. Kettle, S.M., said the plaintiff could not succeed. Tho transaction was a sale for etish, and plaintiff had not proved there was any special condition that he was to get his monev back if the handbag was returned. Judgment would, therefore, be for de fendants.