SALE OF A HOUSE

New Zealand Times, Volume XLVII, Issue 10802, 19 January 1921, Page 4

SALE OF A HOUSE

DISPUTE CONCERNING DEPOSIT. MAGISTRATE RESERVES HIS DECISION. The magistrate, Mr W. G. Riddell, S.M., reserved his decision yesterday in the case of Harry Kahn against Herbert Stuart Cook in a claim for the refund of £SO, deposit paid in respect to the purchase of a house in Konini road, Hataitai. Plaintiff alleged that the defendant or his agent had misrepresented that the house was sound and in good order, which was not the case, and that some of the outside boarding of the house was unsound. Plaintiff further maintained that an agreement had been made that the matters in dispute would be adjusted if the place were resold and defendant placed it in as good a condition as when he had previously occupied it. A resale of the property was brought about, and the refund of the deposit was refused. Plaintiff therefore claimed a return of the £SO, £lO lOs legal expenses, 12s interest, and £25 as general damages. For the defendant it was stated that no representation had been made by the defendant, but on the contrary the defects complained of had been pointed ont to plaintiff. In reserving his decision the magistrate pointed out that he would Visit the localitv. , Mr W. J. McEldowney appeared for the plaintiff and Mr C. A. L. Treadwell for the defendant.