MOTOR-CAR TRANSACTION

Dominion, Volume 11, Issue 251, 11 July 1918, Page 8

MOTOR-CAR TRANSACTION

His Honour tho Chief Justice (Sir Kobert Kioiiit) delivered judgment in tho Supreme Court yesterday in the appeal case Walter Smart v. Ernest Craig. Tho original action was brought by Smart for (lie recovery ilrom Craig of i sum of money for payment under a hire purchase agreement in respect; of a motorcar. Craiij coiintci'-claiined for damages for alleged misrepresentation. The Magistrate held that there had been no misrepresentation, but that what: was said by .Smart's agent was warranty. The appeal was on the point, of whether there was a warranty or a representation, nnd llis Honour held (hat what, was said by Smart's agent was perfectly innocent, and Hint he believed what he had said, but what he *aid amounted in law lo a warranty, and therefore since the warranty was not borne out by the fads the damages were properly given by the Magistrate. The appeal was dismissed with .£" "s. costs. At lhe hearing Mr. A. Dunn nppemred for the jippi-IKini, and Mr. T. A'eave for the respondent. A \VII,L CASH. ftescned judgment was delivered by His Honour Mr. Justice Chapman in the case of Hooper and others r.ml Sainabiiry and others. This was a case arising under ilie will of .lessie Falconer Houston, Into of Arlington, Hawke's Hay. The Court was asked In sanction a deed of family arrangement, also lo s:iy wlielher certain iij'cuuiiilalions of income directed by lh.) will should bo divided among ccrlai.i of I lie beneficiaries. His Honnuir decided that the nc-, cumiilnli'd income must he devoted to the payment and dischiirgi- of debts, nnd further decided that the deed pi' family nrrangoiiHMil should be sum-tinned by the Coiwl in the interest of lhe family us a whole. At tin l hearing Sir I'rniici-- Bell, K.C., with him Mr. Ij. I/I , !, ildw.irds. appeared for I lie appellants, :Mr. C. I'. Skerrell. K.C.. with him Mr. M. .1. Crombic, for tho trustees, ami also, us directed by the Court, as representiux lhe interests of lhe possible unlinrn children.