DAMAGES CLAIMED

Southland Times, Issue 20013, 29 October 1926, Page 8

DAMAGES CLAIMED

PURCHASE OF TEA ROOMS. (Per United Press Association.) Christchurch, October 28. A suit for damages alleged to have been suffered as the result of purchasing a tea rooms business was heard before Mr Justice Stringer in the Supreme Court to-day. The parties were Harry Ostler, plaintiff, (Mr Donnelly with Mr Amodeo) and defendant, Mrs Elizabeth Davies (Mr Sim). The amount claimed was £1,218 3s. Plaintiff alleged that he was induced to purchase the business for £1,700 in February, 1924, on representations by the defendant that she was making £2O to £25 a week out of it. Plaintiff further alleged that these statements were not true, but that the business was not profitable and had not been profitable for some time prior to the sale. The defence was that no such untrue statements as alleged had been made by her and no such warranty given. HLs Honour said the case stood on a statement that a profit was being made. That was a charge of deliberate fraud and had to be established clearly. His Honour always regarded with gravest suspicion allegations of fraud which were not made until a considerable time after they were said to have been made. The case had not been established and judgment would be for defendant with costs.