SALE OF A BUSINESS.

New Zealand Herald, Volume LXII, Issue 18950, 23 February 1925, Page 7

SALE OF A BUSINESS.

TURNOVER CHALLENGED. JURY FINDS FOR PLAINTIFF. The claim for damages in respect of tho sale of a business at Mount Albert was continued before Air. Justice Reed and a jury of twelve in the Supremo Court on Saturday. Margaret JL Warth (Mr. Dickson), wife of George Warth, sugar works employee, sued Cliarlepj J. do Luca (Mr. Leary) for ££so special damages in connection with the sale by defendant of the Kosie Confectionery, for £375. It was alleged by plaintiff that defendant had misrepresented the turnover of tho business, the amount of profits and valuo of the stock and certain accessories. For the defence it was contended the statements made by defendant wero true. John B. Chambers, salesman with Surf-' dale Estates, Ltd., staled that do Luca told Mrs. Warth that the- turnover was between £22 and £3O a wv.ek. De Luca said lie had taken more, but it depended on the picture being shown at the local tfheatro. Defendant islso told plaintiff that she should be able to make £6 a week clear profit if she did not employ labour. Defendant was quite prepared to take stock if plaintiff so desired. His Honor: Did he show her any stock sheets'!—l cannot say. Cross-examined, witness said the authority given to his firm for tho sale of the business had been destroyed. That authority set forth that the turnover was something like £23 to £35 a week. If the turnover had been up to £35, they 'gore justified in advertising at that figure, explaining the exact figures when clients called. Witness said it was a matter of a "catch"' advertisement. Mr. Dickson: I will let it go at thatcatching innocent people that may come along. If your authority said £23 to £35, don't you think it was your duty so to advertise it?—l say that agents always advertise the top figure. His Honor: I understand you to say it is right to put it that way ? Witness: We consider it is qaito correct. Do you claim to speak on behalf of land agents or on your own behalf?—On ray own behalf. Samuel Joseph Carr, confectionery salesman, gave evidence of sales of sweets to de Luca and Mrs. Warth. To Mr. Dickson, witness said most suburban sw«*et shops worked on a basis of 33 1-3 per cent, profit. After the jury had deliberated for two and a-half hoars counsel intimated that they were willing to accept a threequarters majority verdict, as it was apparent a unanimous verdict would not be forthcoming. Tho foreman then said they would, by a three-quarters majority, find for plaintiff, assessing damages at £l7B 6s Bd. Mr. Dickson moved for judgment. Mr. Leary: I move, in pursuance of leave raserved, for a non-suit. His Honor adjourned tho matter for further consideration, and intimated that the argument Blight bo hca>«i to-day.