£300 DAMAGES AWARDED

Taranaki Daily News, 16 October 1931, Page 9

£300 DAMAGES AWARDED

“SPECIOUS. ADVERTISEMENT”

WELLINGTON ENGINEER’S dLAIM. AHSREPRESENTATION ALLEGED. “SOMETHING FOR NOTJHNG” OFFER By Telegr|p?i.—Press Association., ' Weiijngton, Last Night. Reserved judgment in favour of plaintiff was given.by Air. Justice Blair in a case, heard in the Supreme Court in which Alexander Stewart Mitchell, architect, cojwlting mechanical and electrical engineer, claimed from Samuel T. Silver, structural engineer, £776 damages for alleged misrepresentation as to the cost of reinforcing steel for use in tiie construction of a cool sfore in 1927. The . judge awarded Mitchell £323 with costs. As early as 1914, stated the judgment, Silver advertised he was agent for indepted steel barjs, and his advertisement contained tiie following statement: “Designs ai;d estimates of reinforced concrete structures on tiie indented bar system. supplied free of charge.” “As a matter of fact,” said Mr. Justice Blair, “this advertisement was not a true statement of- the, position inasmuch as it offered something ostensibly for nothing. Without h.ny intention of doing so Silver advertised that he would supply designs and estimates free on the indented bar system. This ipeaiit if one used his indented bars one nominally obtained'the. design free, but the truth was that althoiigh no account was sent in or charge ingde for the design, Silver received fees indirectly by tiie price \yliich he' placed upon indented bars, of which he had 'a mohopoly. “The specious forfti of Advertisement used by Silver led to a vicious practice. It have been obvious to hijn it would do sb.

“I think .the weight of evidence and the clreumstajic.es generally support the view thu-t the-real transaction was the actual cost of the steel pjus a mere professional fee,” continued His Honour. “I cannot conceive it possible that Mitchell agreed tljat Silver was to be free to add hot. only reasonable professional fees, but whatever profit Silver chose to add to the steel.”