CLAIM FOLLOWS SALE OF PRIVATE HOTEL

Chronicle (Levin), 16 October 1946, Page 4

CLAIM FOLLOWS SALE OF PRIVATE HOTEL

DEFICIENCIES IN CROCKERY AND LlNEN The question of whether or not a vendor was liable to make good deficiencies in crockery and lineii on the sale of the Wistaria Private Hotel occupied some time at this nonth's sitting of the Levin Magisi;rate's Court. The evidence showed that C. J.

Brown (for.-whom Mr. J. P. Bertram ajSpeared) had sold the hotel and the fiifniture and effects therein to Mr. and 'Mrs. H. E: Her^ring (represented by Mr. N. 1VL . Thomson) in November, 1945, there being attached to the contract and forming part of it a detailed list of the contents. On taking over the boarding house in January, 1946, there was no time to check over the inventory prior to the vendors leaving Levin, and it was not until two or three week-s had elapsed that Mrs. Herring was able to make a complete check, when _ serious shortages, particularly in linen and crockery, were found to exist. Subsequently a claim by Brown for a deferred balance of purchase money amounting to £15, liability for which at all times had been admitted by Mr. and Mrs. Herring, led to a countefclaim by them for £42, being the value of the shortages and deficiencies in linen and crockery. It was urged on behalf of the vendor, Brown, that neither he nof Mrs. Brown had removed any of the missing articles, and that in any case Mr. and Mrs. Herring were estopped because of undue delay in notifying the vendor of fcheir complaint. The Magistrate, Mr. A. M. Gouidmg, in delivering judgment ih • favour of Mr. and Mrs. ' Herring, held that the Browns had appaf- " ehtly not replaced linen and - crockery which had worn out or been brokeii between the date of the sale ana the date of settlement. and that as the sale was one o'f specific goods the Browns must make good the value. On the question of delay, which amounted to four months, he held that Mr. Brown had not been prejudiced, and that reasonable gfounds fof not making a complaint eaflief had been established. After makihg all reasonable allowances His Worship considered that Mr. and Mrs. Herring were entitled to recover £30. Judgment was accordingly givefi for this amount and costs, less the admitted balance of purchasd money aipounting to £15,