MISREPRESENTATION

Sun (Auckland), Volume III, Issue 840, 7 December 1929, Page 1

MISREPRESENTATION

SALE OF BILLIARD SALOON DEPOSIT TO BE RETURNED Finding that fraudulent misrepresentation had been proved in over the sale of the Central Billiard Saloon, Mr. Justice Smith, in a reserved . judgment in the Supreme Court today, ordered Francis Kneebone to repay £SOO deposit paid by Herbert Haslett for the premises, and ordered the recission of the lease and also a security given by Haslett. tJ'HE claim by Haslett was for the repayment of the £SOO or £2,000 damages for fraudulent misrepresentation. His Honour held that Haslett was induced by fraudulent misrepresemations by Kneebone over the takings of the saloon to lease the premises iu July last, and that on this also he agreed to buy the saloon for £1,225 and paid £SOO deposit. Kneebone alleged that the takings were £25 a week, and that there was a leakage of £4 to £5 a week, but this latter loss did not exist, the judge said. His Honour held that plaintiff had not waived any rights by requesting Kneebone to resume possession, or by nonpayment of rent and default in instalments under the security upon which defendant re-entered and seized and sold the chattels. In addition to ordering repayment of the deposit, his Honour allowed plaintiff interest at 6 per cent, on the sum awarded and costs as on an action for £SOO. Mr. Noble appeared for plaintiff and Mr. Northcroft for defendant.