MOTOR-CAR TRANSACTION.

New Zealand Herald, Volume LXVII, Issue 20713, 5 November 1930, Page 14

MOTOR-CAR TRANSACTION.

VENDOR SUES PURCHASER. COMMENT BY MAGISTRATE. A rase of interest to the motor trade was derided in tlie Magistrate's Court yesterday. Dominion Motors, Limited (Mr. Munro), claimed from Danziel Branch, of Kaitaia (Mr. Rose), £45 for a breach of a hire-purchase agreement. Jn reviewing the evidence Mr. E. C. Cutten, 8.M., said that when defendant purchased a ruolor-car from (lie plaintiff company at a price of £338 ho trailed in an old car and paid a deposit, being credited with a payment of £BS. Defendant signed an agreement which stated the car was not to become his property until [ the whole purchase) money was paid, and, further, that if default were, inado the owner could retake possession and also recover from (ho conditional purchaser all moneys payable under the agreement, whether the same had accrued or not. Defendant, as conditional purchaser, also signed promissory notes for the instalments payable. Defendant defaulted in his payment.;, plaintiff thereupon taking possession of the car and claiming tho amount, of tho instalments duo, and also the amount of a promissory note for £ls representing the next instalment to bo paid. Continuing, (lie magistrate said defendant paid into Court tho amount of instalments payable at tho time of relinquishing possession of the car, but denied the. further liability of £ls on tho ground that the plaintiff company did not retakn possession of the car under the'clause of the agreement which entitled it to do so, and that the car, having been taken back, consideration for further instalments failed. Mr. Cutten said that in face of the clear agreement, and in view of tho evidence, ho could not seo how either contention could hold. One could understand a person in soro need of money signing a very harsh agreement, but it was difficult to understand anyone merely wanting a motor-car entering into an agreement such as the one signed by defendant. Judgment. was given for plaintiff for the full amount clairried.