DENOUNCED BY DR. M'ARTHUR.

Dominion, Volume 4, Issue 987, 30 November 1910, Page 6

DENOUNCED BY DR. M'ARTHUR.

AND DAMAGES AWARDED. ■ Reserved decision was given yesterdaV by Dr. A. M'Arthur, S.M., in the case m which tho Prouse Lumber. Limited (Mr. T. Weston), sued C. G. Johana viur. A. Dunn), contractor, of Adelaide lload, to recover £65 Os. Bd. as damages for fraudulent representation.After reviewing the plaintiff company s claim, his Worship said: "Two brothers named Jorgensen and the defendant Johann were in partnership as builders till September, 1909, when the partnership was dissolved and Oscar Jorgensen carried on the business. In iny opinion the business was oven then insolvent, and, shortly afterwards. Oscar Jorgensen assigned his estate, andwas and still is, largely indebted to the I'rouse Lumber Company. ' Some time m November the defendant Johann entered into a contract to erect a building at Muritai. : Oscar Jorgenseu. waa in , need of money at that time, and proposed to borrow £70 from Johann. •10-hann, however, would-not lend himthe amount unless he received security. The agreement of November'2s was then entered into, whereby, in -return for the advance of £70, Oscar Jorgensen was to supply certain building material to Johann. This material was obtained from.tho Prouse Lumber Company by Oscar Jorgensen, and was forwarded to tho Muritai job. Put shortly, the Lumber Company's material went t« pay Oscar Jorgensen's debt to Johann: "The plaintiff company contends thai Oscar Jorgensen got the materials on tho representation ftat he had tba Muritai job, which representation was untrue. Plaintiff further contends that Johann alleged that he was working for Oscar Jorgensen on the Muritai job. The .defence is that credit was given to Oscar Jorgensen and that there was no misrepresentation. I',donot hesitate to say that I do not believe the evidence of Oscar Jorgehsen,. and tho defendant Johann. I believethat the trio conspired to obtain the materials from the Prouse Lumber Company'by the false representationthat Oscar Jorgensen had the Murifai job." .'. ~ ■. Judgment was given for plaintiff for' the amount claimed, with costs' £9 iss. Security for leave' to appeal was fixej at £10 10s.