SUPREME COURT

Dominion, Volume 8, Issue 2572, 21 September 1915, Page 9

SUPREME COURT

THE SALE OP A MOTOR LORRY,

A civil action, arising out of the sale of a motor lorry, was heard in the Supremo Court .yesterday before His Honour Mr. J'ustico Chapman. Tho plaintiff was Ernest Henry Spackman, earner, of Masterton, while tho defendants (vers Geo. W. Woods, motor importer, ot Invercargill, and John Edward Fitzgerald, importer, of Wellington. Mr. 'n ', ' 3 ° rr y appeared for Spackman, Mr. I. Neavo representing Woods, and Mr. being counsel for Fitzgerald.

According to the statement of claim, bpackman last year purcliased a motor lorry for the sum of £650 from the defendant Fitzgerald, who professed to act as agent for the defendant Woods, iho pureliaso was made on Fitzgerald's representations .that tho motor lorry was a "33 h.p. Argyll chassis to carry tons lOcwt." Spackman contended that these representations woro false, that the carrying power of tho lorry was less than stated, and that, in consequence thereof, lie (Spackman) had fluttered considerable loss in his. trade as a carrier. . Spackman now prayed that tho contract of purchase be annulled, and that tho defendants, or either of them, bo ordered to refund to him tho snm of £295, which had already passed in part payment of the lorry.bpackman further claimed £150 as special damages, and £150 as general damages.

For the defence it was contended that the motor lorry was up to the description given by Fitzgerald, but if the description givon was not accurato thon it was said that neither Fitzgerald nor Woods was aware of tho fact. Defendants said that the representations jnade in respect of the car were mado i" tho belief that they were true. . The case had not concluded last even • jng, and the further lieariug was adjourned until this morning.