DEPOSIT MONEY.

Waikato Times, Volume 117, Issue 19596, 7 June 1935, Page 6

DEPOSIT MONEY.

NO MISREPRESENTATION. BUSINESS DEAL FAILS. JUDGMENT FOR DEFENDANT. In the case before Mr Justice Reed, in the Supreme Court, Hamilton, yesterday in which Phillip Egerton Tickle, larmer, of Matalcana, (Mr J. F. Strang) sued Letitia Alary Milton, tobacconist, of Rotorua, (Mr E. Roe) for 111 15 as deposit paid for a business and expenses, judgment was given for defendant with costs. Percy Alexander Rowe, commercial traveller, of Hamilton, recalled taking stock on behalf of .Mrs .Milton, who agreed lo share with Tickle bis fees. During the stocktaking plaintiff said Hie sto-ck was going to cost more than lie anticipated, but lie gave no indication that the deal was off. Mr Roe submitted than there was definite and clear evidence that plaintiff was well aware llial the business would cost him more than 11500. His Honour said he had no hesitation in holding that lliero was no misrcprcsentalioti on defendant's pari. Plaintiff must have seen defendant’s letter placing ihe slock valuation at higher Ilian £soo. He was satisfied Dial at Ihe last moment plaintiff became disgruntled because he found that lie was mistaken in Hie valuation of the fillings. Judgment was given for defendant, willi costs according to scale and witnesses’ expenses.