SUPREME COURT

Dominion, Volume 12, Issue 134, 1 March 1919, Page 5

SUPREME COURT

A MOTOIt-LORRY TRANSACTION,

His "Honour Mr. .Justico .Edwards presided at the Supreme-Court yesterday, anil heard the' case of J. Jinulshaw against J. E. Fitzgerald, a claim for .£750, for an alleged bread) ; of : agreement. ' .. i Mr. jr. Myers appeared for. the plaintiff, and the defendant was represented by Mr. A. W: Blair. . • . Jii the statement of claim it was .recorded thatplaintiff instituted an action against defendant in Wanganui, claiming ,£BSO for breach of warranty' by' the defendant on the sale of a Bessemer, motorlorry; Another action ' was commenced "by the defendant in the : Magistrate's Court, Wellington, claiming .£lO9 12s. 9d., and at the instance of plaintiff was re* [inoved into the Supremo Court. These actions were settled out of Court on tho basis that Fitzgerald replace broken parts , and repurchase the Bessemer .lorry so repaired for ,£750 within three months of the broken parts reaching Wellington. On. September 2, 1918, tho plaintiff delivered to the defendant .at Wellington all the broken parts of .the lorry with tho exception of the main shaft, as-tho. said .mail) shaft could not be found. Defendant agreed ,to have t>. main shaft ,made at the plaintiff's expense to avoid delay in repairing the lOrry. The sum i of ,£750 was payable to the plaintiff on December 3, 101,8, and had- not been paid;'plaintiff'therefore asked'for judgment- for that amount, together, with interest.' i : , For the defence it twis admitted that the broken partj? with the exception^of the main shaft had been delivered, but lj was denied that the defendant had .p'grevd to have a main shaft made at plaintiff's •expense.. Without the main shaft it was nit possible to complete the necessary repairs.' Defendant further claimed'that tho main shaft was not delivered to him until the end of the month of November, aiul that the' period of three months provided in the''agreement for the completion of the purchase had not expired. After hearing several witnesses called by both/sides His Honour reserved his decision. ...