QUESTION OF WARRANTY

New Zealand Herald, Volume LXX, Issue 21577, 23 August 1933, Page 11

QUESTION OF WARRANTY

BATTERY CHARGER WHANGAREI CASE ADJOURNED [nY TELKGRAPH —OWN CORRESPONDENT] WHANGAREI, Tuesday A civil case was hoard in tho Magistrate's Court to-day, when James Alexander Harrison, mechanical engineer, of Whangarei, claimed from Teagle Smith and Sons, Limited, of Wellington, the sum of £26 2s, being the cost of a battery charger, aftd damages. Plaintiff claimed that the charger was warranted as being capablo of charging six batteries at tho same time at six amperes, but it proved to bo of faulty control.

For plaintiff, Mr. Harrison said tho claim was brought under an alleged breach of warranty and ho suggested that a practical demonstration of the charger should be given. The magistrate, Mr. G. N. Morris, intimated that he would like to sco a demonstration in support of plaintiff's contention. This was done, and it was found that tho charger failed to have any range between two and six amperes. For defendant, Mr. Ross said .the question was whether a guaranteo had been given when tho charger was delivered. Plaintiff would havo to provo misrepresentation or fraudulent intent before ho could succeed. He submitted that a nonsuit should bo given, as thero was no express warranty in respect of tho charger. The magistrate adjourned the case for a week.