More Cakes Than Customers

Sun (Auckland), Volume 1, Issue 86, 2 July 1927, Page 1

More Cakes Than Customers

UNREMUNERATIVE SHOP CLAIM FOR DAMAGES After listening for over four hours to evidence for and against a claim for £2OO damages arising out of the sale of a confectionery business, Mr. E. C. Cutten, S.M., reserved his decision yesterday afternoon. Ernest Hawley, represented by Air. E. W. Inder, said that last March ‘he purchased from a married woman, Myra Brown, the lease and goodwill of a confectionery shop on Broadway, Newmarket. It was alleged that in order to induce plaintiff to take over the business, Mrs. Brown falsely represented that the takings of the shop were between £ls and £2O a week, and that the net profits were from £3 to £3 10s weekly.

Since acquiring the shop plaintiff said he discovered that the turnover was nothing like the figure contained in the contract of purchase, and he made no profits. It was submitted by Mr. J. B. Johnston, counsel for defendant, that his client had been quite frank about the transaction. She had produced her takings book for plaintiff’s examination at the time the sale of the business took place.

“I must admit I am completely puzzled by this book,” observed the magistrate, looking through the record of defendant’s takings.

Mr. Cutten remarked on the extraordinary neatness and uniformity of Mrs. Brown’s entries, which, she asserted, had been made nightly for the past 10 months. Plaintiff had bound himself to pay a rental of £2 10s a week until July, 192®, but he contended the premises were not worth more than £1 a week. Expert evidence was called to show that a rent of £2 10s was reasonable.