SALE OF A MOTOR CAR.

Taranaki Herald, Volume LXVIII, Issue 16823, 23 August 1920, Page 3

SALE OF A MOTOR CAR.

ACTION FOB NON-COMPLETION. Argument in a case which arose out of tho alleged sale and resale of a Rolls-Royce motor-car was heard in the Magistrate’s Court, New Plymouth, this morning, before Mr. T. A. B. Bailey, S.M. In the action, the trustees of the estate of the late R. D. M. Morrison, of Master ton (for whom Mi-. Biss appeared) sued Andrew Smith (Mr. H. R. Billing), garage proprietor, Now Plymouth, for tho sum of £125 as damages alleged to have been sustained through defendant’s failure to complete the purchase of the car in question. All the evidence was documentary, having been taken in the Masterton Court. ;

i It appeared that the plaintiffs or their agents had offered the car to Smith, who had telegraphed an offer which was accepted by wire, and Smith was advised to arrange'with Mrs. Morrison as to the delivery. Delivery was not taken and subsequently plaintiffs by their agents wired Smith stating they were reselling unless he completed by 9 o’clock the following morning. This ho did not- do and so they had sued for £IOO,. being the difference between the price obtained and that offered by Smith, and £25 special damages.

Tho defence set up was that a proper contract to purchase had never been completed, or if 1 it was, plaintiffs had no right to resell the property. Mr. Billing submitted that if a contract was deemed to have been completed, then the car was properly Smith’s property, and plaintiffs instead of reselling and suing for damages, should have claimed for the contract price of the car. Mr. Billing also submitted that in connection with the resale of the car a reasonable notice of intimation to sell had not been given. A telegram received at 9 p.m. requiring an answer by 9 a.m. tho following day could not be held to be a reasonable time. The question of probate was also raised by Mr.- Billing, who, said there was no proof that the plaintiffs were the trustees in tho estate. They had not sued as executors but as trustees.

Mr. Biss pointed out that it was in evidence that tho plaintiffs were the trustees of the late Mr. Morrison.

At the conclusion of the argument his Worship intimated that ho would give a written decision.