CLAIM FOR DAMAGES.

Star (Christchurch), Issue 12084, 13 August 1917, Page 6

CLAIM FOR DAMAGES.

—* ALLEGED BREACH OF GUARANTEE. In the Magistrate's Court this morning, the New Zealand Kul>ber-Air Company's liquidator, W. S. Godfrey, wa,s sued by James Harris for £2l b\s 6u, of (which £2O was for damages. Tluij plaintiff was a "carrier, who had been induced to havo the lyres of hi,s motorlorry filled with rubber-air. This substance was claimed by the defendants to double the, lifo of the tyres, making thorn as good as solid, and immune' from punctures and blow-outs. In some instances, counsel stated, this substauco had proved a success, but in this case, instead of the tyres covoring six or seven thousand miles, as guaranteed, they had beeomo useless at tho end of tho first thousand. The company had paid into Court an amount covering the, expenses incurred in sending to Duncdin. Mr Heswiek appeared for the plaintiff, and Mr Alpers for defendant.

Tho plaintiff, in hi %s evidence, said thai mio t.yro seller had declined to givo lib customary guarantee upon learning that rubber-air was to bo used, so Moore, the company's agent, bought tyros and himself pave a guarantee of twice the usual mileage. After some 600 miles tho tires began to wear unevenly, and the "going" soon became so bumpy that ho could" not use tho vehicle, nor could lie remove tho tyres because of tho company's treatment. By this time the defendants had removed their plant to Dunedin, and, acting on the secretary's instructions, ho sent tho two wheels to Dunedin for refilling. They were sent hack with only one attended to. With the aid of one of : tho defendant's former workmen ho removed tho tyro from tho other wheel, and the work took the whole afternoon. The tyres wero now useless, and ho had gone back to ordinary pneumatic tyres. To Mr Alpers: He had not bustled Mooro for tho return of the tyres, but bo had telegraphed for the return cf the wheels.

After Bench, counsel and plaintiff had carefully examined tho tyres, tho case collapsed, Mr Alpers announcing that having seen the condition of the •tyres for himself, he was prepared to accept judgment for £lo and costs.