CLAIM TO RECOVER £800

Chronicle (Levin), 4 August 1947, Page 4

CLAIM TO RECOVER £800

Car Transaction Followed By Court Case A claim for -the recovery of £800, i ^hp amount involved in a motorcar transaction was heard ih the Supreme Court, Palmerston North, last week by Mr, Justice Fair. The hearing o'f evidence occupied more than a day. Plaintiff wa§ Rouald Hector Dean, farmer of Utiku, and defepdant was Peter John Ward, motor dealer, of Levin, Dean was represented by Mr. A, M. Ongley and Mr. L. Laurenson appeared for Ward.

Plaintiff alleged m tne siatement of claim that he agreed to purchase a 1942 Ford motor-car . and two new tyres from defendant for £840. It was stated in the terms of the agreement to purchase that defendant would- re-purchase the car and tyres from Dean, or alternatively that Ward would resell the car and tyres. Dean bought the car and tyres from Ward and paid the £840. Later Dean .a'sked Ward to re-purchase the car and tyres. Ward took delivery arid obtained plamtiff's signature.to dn. application for the transfer of registration. At the time Ward informed plaintiff that he WQUld pay him £830. The statement claimed that defendant had failed to pay the money, wherefore plaintiff Claimed the recovery of £830, costs of the action, and such further and other relief as might be iust.

For an alternative- course of action, plaintiff claimed that defendant, in breach of the agreement, failed to re-purchase or resell the car. The defence rested on a denial of the arrangement as outlined by plaintiff. There had been no agreement to re-purchase, hui? it was admitted that it had been agreed that Ward would, if required, use his best endeavours to sell the car for Dean. The plaintiff gave evidence along the linds set out in the statement of claim. He said that the defend-* ant qffered him and Mrs. Dean the use of the car over the Christmas holidays on deposit of £800, and he would refund the money after the holidays. It was agreed to pay Ward an extra £10 for out-of-pocket expenses. In March Ward offered to sell the car for him a,s he had a buyer in Wellington, and assured Dean that the £800 would arrive at his house by mail within a few days. The money did not arrive, and after a forfcnighf Dean telephoned Ward to find out what had happened. Ward said the deai had fallen through, but assured him that he had nothing to worry about, as he would get his money back as Ward had guaranteed. In a further telephone conversation three days later, Ward said he was unable to buy- the car back • from Dean as he . did not have the money. Some days later Dean returned to his home and found that the car had been left by his gateway, and was in a pretty bad eondition. He had received no payiment whatsoever from the defendant.

To Mr. Laurenson, plaintiff denied that in making the agreement defendant had stated that he could not undertake to buy the car baok. Frederick Lionel Graham Howard/ of Taihape, said that when he inspected the car it had obviously had a lot of hard use. In the state it was in he would not pay more than £400 for the car. Called as a witness for the defence, Joseph Lewis, motor-car dealer, of Wellington, said that he had inspected the car three or four months ago, when it was in very good order. Its selling value at that time would be about £840 to £850. The defendant, Ward, testified that he had toid Mr. and Mrs. Dean tha£ if they bought the car, he would be only too pleased to sell it for them should they ever want to do so. He stated emphatically that he had never agreed to buy it back from Dean. His estimate of its present value was £835 to £840. Mr. Ongley asked Ward whether, if the case was adjourned for a month or so, he would agree to take the car and try and sell it for £835. Ward said he would not buy the car, but he would undertake tq try and sell it. Questioned further by Mr. Ongley, Ward admitted that he h&d bought the car in Napier from- a man named Dykes for £700. He did not remember having told Dean that he had paid £700 for it, but he might have done so. The jury, after a retirement from J.2.25 to 2.15 p.m., returned with a verdict -for Dean for the full amount of £830, with costs,