DEAL UNCOMPLETED

Taranaki Daily News, 1 December 1934, Page 23 (Supplement)

DEAL UNCOMPLETED

ALLEGED SALE OF USED CAR. NEW PLYMOUTH COURT ACTION. Arising out of an alleged contract to sell a used car under a hire-purchase agreement, a Claim for £25 damages by C. C. : Gilbert, florist, New Plymouth, against Black and Jacka Ltd., a New Plymouth /motor firm, was heard by Mr. W. H. Woodward, S.M., in the New Plymouth Magistrate’s Court yesterday. The facts as outlined by Mr. H. S. Weston for Gilbert were that Gilbert had entered into an agreement with the firm for the hire-purchase of a used car for £125, and that the firm proceeded with renovation work he desired done. Owing tb threatened proceedings by another person who had wanted the car the firm called the deal off. Gilbert therefore claimed £2[s as the difference between £125 and £l5O, the least price for which he considered he Cbuld obtain another ear of equal value to him. The defence raised by Mr. J. H. Sheat was that the paper feigned by Gilbert was not a contract and that, even if it were, no financial arrangements as Stipulated had ever been made. He asked for a non-sUit or judgment for defendants. Mr. Woodward reserved his decision. Jacka agreed to sell and Gilbert to buy a Second-hand sedan car on October 29 for £125, said Mr. Weston. The price would be less an allowance Of e£3s on Gilbert’s old car. The balance bf principal and interest was to be paid m 24 equal monthly instalments of £4 16s. An order was written out, subject to certain conditions aS set out by Gilbert, that the car had to be put into good order. The work tb be done was Written oft a Separate paper by Gilbert, and that paper had since been lost, Mr. Sheat had said. The paneb-bkating had been finished on October 30, Said Mr. Weston, therefore proving that the firm Was carrying out the contract, --lack later toid Gilbert that the fiftft had got into trouble fbr selling the car aS someone else wanted it. Jacka Went tb sfee Gilbert later and said he had Seen the Prudential Co., which had Said it COuld not go on .without a guar&ntee. Gilbert Was anxious end s&w the Prudential Co., which stated the arrangements made would bfe all right with the Usual guaranmany cars inspected. Gilbert in evidence said he had mspebted iftany cats but the Only bfte suitable was the ear he had agreed tb p'urchas'e. He insisted on a Workmanlike job. He arranged fhb finance with the Prudential and Jacka said the arrangements were Satisfactory. Later When the panel beating Was ddftfe jacka said he had gbt into trouble for selling the cat. Another party had threatened to take action if they did nbt get the car. Jacka told him, Said Gilbert, that the Prudential Office could not agree to the terms. Gilbert offered to alter thbm, providing more cash and a Sorter period. The Prudential Co. would not agree because Slack and Jaeka had tb guarantee the account. Later Jacka had told hiih fibthing cbuld be done, he Could not have the car and he could do what he liked. Gilbert told him proceedings would be taken if the contract Was nbt carried otit. He could not find another car to equal the vehicle concerned at under £156 and claimed £25 damages as the difference between £125 and £156. Tb Mr. Sheat, Gilbert said he had made the financial arrangements with the Prudential Co. The words "as arranged With the Prudential” had beefi put on the order by him at Jacka’s suggestion. Neither Black “nbt Jacka had signed anything. Gilbert would not hgrbe that the whole cause of the sale nbt going thrbugh was because satisfactory financial arrangements could not be made. No financial arrangements had been definitely made when the order Was sighed. To Mr. Weston, Gilbert said .the terfftS were apparently hot satisfactory tb Black and Jacka because they had to guarantee it. The transaction Was between Gilbert and Black and jacka, not the Prudential Co. DECISION TO BUY CAR. Mrs. Gilbert Said that after d trial fun they had decided tb buy the caf. Jacka informed them that another man had been wanting to buy the caf but they had heard nothing from him. jacka had said, “First come, first served; better sign Up now and take the chance.” Jaclta had come along later and said the terms wore not satisfactory if they had to make a guarantee. Ih the meahtifne the Other maft had returned and was threatening to sue them.

To the magistrate, Mrs. Gilbert Said Black and Jacka knew from previous deals that they would have tb give h guarantee. Jacka Said that however good the terms were they Could n&t be accepted. Mr. Sheat submitted thfe action was totally misconceived and must fail. Perhaps the most significant fact Was that the secretary of the Prudential Co. had not been called. Thera never was any contract. The form feigned was an of def, expressly subject to acceptance by Black and Jacka. Ho submitted no terms Were arranged, and that Gilbert’s evidence and Conduct Showed that he had not arranged anything. However aggrieved Gilbert may have felt, in lbw the, matter went no further than aft uncertain and hazy offer. Even if thete Was a contract it was not enforceable under the sale bf Goods Act, which required an acceptance bf the goods, the giving of something in earnest to bind the eontract, and the signature of a hbtie Of memorandum. None of these requirements had beOn enforced. Mr. Weston said there was no evidence to show that the arrangement, with the Prudential could not be gone on with. The paper signed, held by Gilbert, was a definite contract, subject to a trial run, which was satisfactory. Mr. Weston quoted authorities backing his submission that the document was a contract. The contract might be admitted by the sending of the car to the panel-beater. The firm had also agreed to obtain quotations for a luggage carrier. Mr. Sheat said he thought the form of the order disposed of Mr. Weston’s cases, as there was a provision on the back stating that it was subject to Black and Jacka’s acceptance, which strengthened his submission that the form was merely an order. He proposed to call no evidence.