NO MISREPRESENTATION.

New Zealand Herald, Volume LIX, Issue 18131, 1 July 1922, Page 12

NO MISREPRESENTATION.

TAKINGS OF FRUIT SHOP. DAMAGE ACTION FAILS. An action for damages for alleged misrepresentation in connection with the sale of a business was concluded before Mr. W. B. McKean, S.M., in the Magistrate's Court yesterday. The plaintiff was Frederick Giles Ardern (Mr. Dickson), fruiterer, and the defendants, Albert Francis Cantwell and Cecil Mcßride (Mr. Allan Moody), fruiterers. Plaintifi's statement of claim set out that about February 16 defendants sold him a fruiterer's business ih Symonda Street for £600. It was alleged that at the time of the sale defendants or their agents represented that the business had an average weekly turnover of £62. Plaintiff alleged that the business did not have an average weekly turnover of more than about £30, and that the representation which was material to the contract was untrue. He therefore claimed £300 damages. The defence was that " the : weekly takings were represented to be between £40 and £60, and not £62 as alleged. The defendant, Mcßride, in the course of bis evidence, stated that the agent !had satisfied himself as to the takings after having gone,through the books. Witness produced a book showing that the takings were about £60 a week. Cross-examined, he attributed the ssubsequent falling off in the business to neglect and faulty purchasing. Mr. Dickson elected to accept a nonsuit. Tb© magistrate, after referring to the evidence, said he believed the evidence of Mcßride and not that of the plaintiß, whose manner in the witness box • v/as unsatisfactory. Plaintiff knew before signing the agreement that the takings were not £85 a week. However, as counsel for plaintiff had elected to accept a nonsuit the magistrate said that he would grant it, with costs £23 13s 6d.