SUPREME COURT

Dominion, Volume 11, Issue 249, 9 July 1918, Page 8

SUPREME COURT

APPEAL CASE. In the Supreme Court yesterday, bofore His Honour the Chief Justice (Sir Robert Stout), an appeal against a decision of Mr. AY. G. Riddell, S.M., in a civil dispute was heard. The parties were Walter Smart, pawnbroker, v. Ernest Craig, taxi-driver, of peatherslon. Plaintiff claimed ,& 'Is. from defendant in connection with the sale of a motor-car from plaintiff' to defendant. •Defendant had counter-claimed for .£201) damages, alleging that the plaintiff fraudulently represented to him that tho car was in perfect order. The Magistrate found for tho defendant, and awarded defendant damages on tho coun-ter-claim. Against this decision the plaintiff appealed on the grounds that the decision was against tho weight of evidence and was wrong in law, and further claimed that the damages awarded defendant on the counter-claim were excessive, Jlr. A. Dunn appeared for the appellant, Walter Smart, and .Mr. T. Keuvo for the respondent, Drncst Craig. Mr.'Dunn said that the representation mado by his client to tho purchaser was that the car was in good running order, and furthermoro the purchaser had a trial run of the car. Tlio appellant, in his representation, had said what, he honestly believed to be true, and if there had been a misrepresentation it was an innocent cne. Tho resjiondent was informed that the gear-box had been repaired and that .there were other defeels which had received attention. Tho car broke down on tho run from 'Wellington to Pealherston. Air. Meave: Tho car left "Wellington on July l(i and did r.ot reach Fcatherston until October. Mr. Dunn argued at length that there was no warranty, but merely a representation which tho appellant honestly believed to bo true. Mr. T. Neave, for the respondent, contended that there was a warranty, and referred to the original statement of claim. Craig alleged that tho warranty was mado by Smart and by his agent, Leicester. Craig relied on the statements made by tho vendor and his agent, and these, statements, he contended, were a. warranty. Tho Magistrate's decision that (he ear was not in the condition warranted was incontrovertible. Ills Honour reserved his decision.