SALE OF TRUCK

Southland Times, Issue 20864, 28 August 1929, Page 6

SALE OF TRUCK

DISPUTED CONTRACT CHINESE GARDENER’S TROUBLES EVIDENCE NOT CONCLUDED What might be called a three-cornered dispute, was commenced in the Supreme Court before his Honour Mr Justice Kennedy yesterday when a Chinese gardener named Willie Wong asked for an order upsetting a contract for the sale of a truck. Hugh McDougall, a carrier of Gore, and Agnew, Grieve and Co., Ltd., Invercargill, were the defendants. The claim arose out of the sale of a motor truck by Wong to McDougall, who traded it to Agnew, Grieve and Co., Ltd. for a motor car. Wong was represented by Mr D. L. Poppelwell, Mr B. W. Hewat appeared for McDougall, and Mr A. F. Hogg appeared for Agnew, Grieve and Co., Ltd. Evidence for the plaintiff was taken yesterday and defendant was heard in defence, but was not cross-examined before the Court adjourned. In opening plaintiff's case, Mr Poppelwell said that the plaintiff had been carrying on business in Gore, but was not successful. He decided to give up business and as he had a number of debts he went to the defendant McDougall and McDougall’s father. After going over Wong’s accounts, McDougall agreed to purchase Wong’s motor truck. Wong knew very little about, business and was advised by another Chinaman who knew nothing about business. Wong understood that he was to receive £l5 and the payment of his debts for the truck. Wong and McDougall went to Gormack and Pettigrew, motor dealers in Gore, and paid what was owing on the truck, £l3, and McDougall gave Wong £2. The truck was worth about £5O, but Wong received the £2 only and bis other debts were not paid. Wong later repudiated the agreement and an interview took place. McDougall then told the solicitor that he had paid £2B and produced two receipts for that amount. Wong was applying for the setting aside of the contract and counsel submitted that when there was ignorance on one side, the other side should not take advantage of that ignorance. If such advantage was taken there was ground for the setting aside of the contract. An interpreter was called, and strangely enough his name was also Willie Wong. Mr Poppelwell said that the interpreter was not related to plaintiff. His Honour: They will be what the Chinese call cousins. Mr Poppelwell: Are you related’—What the Chinese call cousins. Willie Wong, the plaintiff, said that he was now a fruiterer in Wellington, but had been in a green grocery business at Gore. He could not make it pay “very much” and gave up the lease of his land. He had bought a lorry from Gormack and Pettigrew about the third month of last year for £75.

Mr Poppelwell: Ask him why he went to see the McDougalls.—He didn’t go to see them. He stopped his car in the street and McDougall asked him what was the matter. He told McDougall that he could not grow vegetables on his land and wanted to give up his land, but his landlord wanted £lOO for his lease. McDougall asked him if he had any other debts and he said that, he owed the lawyer £5 3/- and Gormack and Pettigrew £l3. McDougall said, “Why don’t you sell your car and put the money in your pocket. You don’t need to worry about the accounts.” McDougall later advised him to put the car in the garage and sell it and pay off his debts. McDougall asked him if he would sell the car and plaintiff said that he would sell it for £5O, McDougall said he would give him £l5 for it and he could put £l3 into the garage and £2 into his own pocket. McDougall, Snr., who was present told him tn put his accounts in the .fire but he did not do so. The McDougalls told him that if anyone came Io him for money he was to send them to the defendant. McDougall gave plaintiff £l5 and guaranteed to fix his creditors so Wong paid the garage £l3 and put the £2 in his pocket. He did not go to the garage with the money, but McDougall paid it in. No Language Test. In reply to Mr Hewat plaintiff said that he had been in New Zealand a little over two years and had not passed a language test before being admitted. He had had a motor driver’s license but had lost it. Mr Hewat: I don’t want it. Continuing plaintiff said that he got his license through the garage. He had been carrying on the gardening on his own account and did his own buying of seed. He arranged the lease with the assistance of a countryman of his. He paid £2O down when he took the truck and signed an agreement. He had repaired thj car because it was burnt on the top of the hood. His Honour: Cross-examine him in English. Mr Hewat: Were Gormack and Pettigrew pressing you for money? Wong replied in Chinese. The interpreter: He says, “No understand.” Continuing Wong said that he was intending to leave Gore when he fixed up his debts. He did not tell McDougall that the garage was going to take the car and he did not tell him that he wanted money to get away from Gore. When McDougall offered him £l5 he went to see a laundryman because he did not quite understand McDougall. Mr Hewat: Look here Wong; didn’t McDougall give you £l5 in single notes? — (Through interpreter) No sir, £2. Continuing, witness said that he signed the receipt produced, but did not know what was “on top.” He signed a paper at the garage on the Monday after he gave the receipt, but at that time he did not want the deal to go on. McDougall told him to sign the papers, but he did not know what was going on. The Court then adjourned for lunch and when his Honour returned to the bench at 2.15 p.m. Mr Hogg began his crossexamination of Wong. Wong said that he hesitated abaut signing the transfer, but Pettigrew said, “Go on Willie, sign it.” Mr Hogg: Can you understand any of the questions put to you in English?—No I can not. (Through the interpreter.)

Where did you land in New Zealand?— He landed in Wellington. Where did you come from?—Hong Kong. When you landed in New Zealand were you examined by the Customs officers?—He says yes.

Were you asked to write anything?— Only his name.

Were you asked to speak English?—He says no. Did you write to Nimmo and Blair for your seeds?—He wrote in Chinese. Did you keep a banking account? —No. He says the money come and go. When you made a sale did you speak to your customers in English?—Yes. He says he could talk in the vegetable line.

Before you came to New Zealand, did you go to school?—He went to a Chinese school.

You got Eng Kew to come over to McDougall to explain the deal to you. Did Eng Kew understand English?—He says a little better than he does.

Did Eng Kew explain the sale to you?— He says that Eng Kew told him that McDougall would pay £l3 to the garage and he could have £2 to himself and would not need to trouble about the rest.

Were you satisfied with that?—He says he was not quite satisfied with that.

Didn’t McDougall say, “I will pay the £l3 and give you £2 and if any of your creditors come to me I will explain?—He says that McDougall told him that he would guarantee to fix them up. You went ,to Mr Dolamore and told him you could not pay him his £5 3/-?—Yes, he went and told him. Did you tell him where he would get paid?—He says, “I think I told him McDougall would fix him up.” Mr Poppelwell: After the lorry was purchased, were new tyres put on it?—When he first got it it had four new tyres, but after that he paid for the tyres he got.

Did Ning Peng advise you when you purchased the truck? —He says yes. “Spoke a Little English.” The next witness, a young Chinaman named Eng Kew, said that he spoke a little English. He worked in a laundry in Gore. He remembered being in'McDougall’s office to talk about a truck. He was asked to go there by Wong. McDougall and “old man McDougall” were there and Wong was telling them about the trouble with his landlord. McDougall said that he would help Wong. He saw the receipt produced and' told Wong what was in it. Witness had been in New Zealand eight years and was 22 years of age. He had gone to school in New Zealand, but did not know much about business. When witness was in McDougall’s office McDougall said that he would buy the car and Wong said that he would sell it for £5O. In reply to Mr Hewat, witness said that Wong asked him to go to McDougall to speak for him. Mr Hewat: Where did you go to school in New Zealand? —At Gore. How long were you at school ? —Not very long. How long?—About three years. What standard were you in ?—The fourth. Did you pass the fourth standard?— Yes. Where did yoft work when you left school? —In the laundry. Who was in charge of the laundry?— Jou Lee. But Jou Lee has left Gore?—Yes. Who is in charge of the laundry?—l am. How long have you been in charge?— Not very long. How long? Have you been in charge two years?-—No. One year?—Not quite. Can you understand your customers?— Yes. You say that McDougall told 'Wong to burn his accounts? —Yes. Which McDougall told Wong that?—Old McDougall. Did you hear McDougall tell Wong that he would pay Gormack and Pettigrew?— No. Did you leave McDougall's office before Wong?—Beg pardon. Did anyone say anything about paying £l3 while you were in McDougall’s office? —No. Did you hear Wong say that he would sell the car for £2o?—-(No answer.) Did you hear McDougall say that he would give £l5 for it?—Yes. What did Wong say to that? —(No answer.) Did he talk to you in Chinese about it ?— Yes. What did he say to you?—He said that McDougall would fix everything up for him, but the car was too cheap. Did you tell McDougall it was too cheap? —Yes. What next?—l was in the shop then. I know that. I want you to tell me what was said when the car was sold?—Mr Wong was there, too, sir. Did McDougall say he didn’t want the truck? —-(No answer.) Don’t you remember? —Not properly. You sold the car for £l5 ? —not me. Well Wong did?—Yes, it was sold. What did Wong say when he sold the car?—When? When he sold the car?—After it was sold? 'No, before it was sold?—Really, I don't remember. Was Wong worried when he told you about his accounts? —I suppose so. Did he look worried?—Yes. Mr Hogg: Did you tell Wong that that McDougall would give him £l5 for the truck and fix the others?—Yes. Why did you say that, you didn’t know anything about Wong’s debts?—(No answer.) Have you ever heard Wong speak in English?—A little. Did you hear Wong speak to Mr Dolamore in English ?—Yes. Did Mr Dolamore answer him ?—Yes. Did Wong understand him?—l suppose he did. “Burst Out Crying.” Alfred Leslie Dolamore, a solicitor, of Gore, said that he first met Wong to arrange a lease. Wong had very little knowledge of business or English. Wong could not make his business pay and decided to give it up. He came to witness’s office and showed him two one pound notes and burst out crying. As a result of what Wong said witness interviewed McDougall and said that the transaction could not stand and would be upset. McDougall said that witness could do what he liked as he had bought the lorry and had the papers fixed up. He turned to Wong and said, “You know what the arrangements were.” McDougall refused to give witness any information and became very abusive. Witness told him that the £l5 would be repaid to him and then left him. He later corresponded with McDougall about the matter. McDougall said that had traded the truck to Agnew, Grieve and Co., Ltd., but did not say what he had received for it, but witness later heard that he was allowed £65 for it. He asked McDougall to make a settlement with Wong, but McDougall refused to do so. He said that Agnew, Grieve and Co., Ltd.,- had re-sold the truck. He admitted that he had made a good deal with Wong, but said that he would sooner burn the truck than go back on it, as if he did so all the young fellows in the town would laugh at him. Witness told McDougall that he would take the matter to the Supreme Court and McDougall said that he could take it anywhere be liked. In reply to Mr Hewat, witness said that Wong told him that he had got £2, but did not tell him that McDougall would pay his account. Mr Hewat: I believe there is some illfeeling between you and McDougall?—l don’t agree with him politically. Which McDougall are you referring to?— What do you mean? I ant speaking of Hugh McDougall.—l wouldn’t say there was any bad feeling. Has there been a quarrel between you and the McDougall family of a more or less public nature? —I spoke about complimentary tickets to Mr McDougall’s function during a Court case and McDougall, senr., spoke to me about it on the street, but I refused to discuss it.

Timothy James Stark, a farmer, at East Gore, said that Wong was his tenant, but threw up his lease. Witness was with the previous witness at the first interview with McDougall and heard the discussion. Wong’s lease was drawn up by Mr Dolamore. Wong told witness that he was going to give up the gardening. Mr Hewat: There was no interpreter there.—Where ?

Wong spoke to you in English?—He was very hard to understand. I could only pick up a word here and there. Archibald Pettigrew, an accountant and a member of the firm of Gormack and Pettigrew, said that his firm sold a truck to Wong for £75. There was no hire-purchase agreement. Wong kept the truck in fairly good order and it would be worth £5O when McDougall bought it. Wong had very little knowledge of English and did not know much about business. McDougall called on witness and asked him how much was owing on the truck. Witness asked McDougall what business that was of his and he said that he was acting on behalf of Briscoe and Co. and Wong owed them money. Witness then told him that there was £l3 owing on the truck and he went away and returned half an hour later with the money. McDougall returned on the following Monday with Wong and fixed up about the registration certificate. Mr Hewat: Did Wong object to signing the papers?—No. Mr Poppelwell said that the defendants admitted that they had not paid Wong’s accounts and with that he would close his case. Defendant’s Case. Mr Hewat said that the plaintiff alleged undue influence. Counsel submitted that the contract must stand, and said that the question before the Court was whether or not Wong was a fit person to make a contract. Wong was at a disadvantage in a

foreign country, but his evidence showed that he had carried on business on his own account and counsel submitted that Wong was capable of carrying on such business as the sale of a motor truck.

Hugh McDougall said that he was a carrier and an agent residing at Gore. He did not drive a car and had never done so. He did not know Wong prior to the dealings over the car. Wong called on witness and offered to sell him a car, but witness said that he could not drive a car and did not want one. Wong said he would sell his car for £2O and witness then examined it and offered £l5 cash for it. Wong said he would see witness in an hour, but returned 10 minutes later with Eng Kew and said, “I take £15.” Witness gave Wong the £l5 and Wong signed a receipt. Wong mentioned that Stark was putting him off his land. Witness’s father was in the office when the Chinamen came in, but he went out. As soon as Wong got the money he said that there was £l3 owing on the car to Gormack and Pettigrew and gave witness the £l3 to pay the amount owing. Witness went to the garage and ascertained that the amount was correct and returned later and paid it. Eng Kew was present during the whole transaction in the office and there was some discussion between them, but witness did not know what they were talking about. Wong did not say anything about his accounts before the sale and there was no question about witness paying Wong’s account. Wong did not discuss his financial position with w-itness until the following Monday when the transfer papers were fixed up at Pettigrew’s office and the post office. Mr Dolamore called upon witness on the Tuesday and asked him what he had paid for the car. Witness replied that that was his own business and resented Mr Dolamore’s interference. Dolamore called upon him later and said, “How about giving the car back, Mac, we’ll give you the.£ls.” Mr Hewat: Do you admit being abusive to Mr Dolamore? —Well the language On either side wasn’t very choice. You are not on good terms with Mr Dolamore?—No, I am not. Continuing, witness said that he had the car brought to Invercargill where he ultimately got £65, trade-in value, for it. The Court then adjourned and the case will be continued when tho Court sits at 10 this morning.