SALE OF BUTCHERY.

New Zealand Herald, Volume LXVII, Issue 20721, 14 November 1930, Page 13

SALE OF BUTCHERY.

PARTIAL VERDICT GIVEN. LEGAL POINT RESERVED, The case for the defence in the dispute over the sale of a small butchery business in the Great South Road \ras heard by Mr. Justice Smith in the Supreme Court yesterday. Harold Green, butcher (Mr. Dunlop), made claim against Thomas Jones, butcher, and George Andrews, of Pio Pio, butcher (Mr. Northcroft). Gi'een bought the business from Jones in December last for £350, and on the ground of alleged fraudulent misrepresentation he made claims amounting to £506, including

£306 for loss of anticipated profits and £172 for losses actually incurred, and he asked for the rescission of the sale and return of promissory notes. The defendants counter-claimed for chattels of the business covered by a bill of sale or for £250 in case possession of the chattels could not bo had. Ah 1 . Northcvoft. submitted figures to show that when the business was sold to Green it was not in the desperate state suggested by witnesses for the plaintiff. The defendant Andrews paid the £3OO for which ho had disposed of the business to Jones was still owing, lb was not true that he left Jones in charge of the business in order to sell it. The defendant Jones also denied the allegations of misrepresentation, and said he had not discussed takings or bankings with the plaintiff, but only the weekly killings. His Honor said the plaintiff had alleged certain fraudulent representations ancl claimed that certain chattels which were sold were not the property of the vendor. He was prepared to 'find that the representation made by Jones as to the number of beasts he killed weekly was substantially true. No definite evidence of books had been given to show what Jones actually did take out of the business, and His Honor was not prepared to infer that Jones could not possibly have made the turnover of £62 a week'which Green expectedOn the point arising from the fact that some of the chattels held under the bill of sale were alleged not to be the property of the vendor and were surrendered by plaintiff to the landlord, His Honor reserved decision, and invited counsel to submit argument. On all other matters His Honor found for the defendants.