SUPREME COURT

Dominion, Volume 12, Issue 212, 2 June 1919, Page 8

SUPREME COURT

SALE OF A MOTOR LORRY. Tho civil action of Magnus, Sanderson and Co., Ltd., v. ft. '13. M'Entee, Vv. 11. M'Entee, and P. L. Cuillaml, contractors, of Auckland, to recover .CfiDO on tho sale of a motor wagon, which commenced on Thursday last, was concluded on Saturday afternoon. His Honour the Chief Justice (Sir Robert Stout) was on tho Bench, Mr. T. Neave appeared for the plaintiffs, and Mr. A. W. Blair for the defendants. Air. A. E. Dimock was foreman of the jury. , The defendants admitted the existence of a contract to purchase, but repudiated , tho contract on the ground ol' alleged misrepresentation, admitted by the defendants to be innocent. _ ■ The following wore the issues submitted to the jury, and the answers thereto (1) Was any untrue statement mado to M'Entee concerning the said lorry in respect of:— (a) lis liorse-powcr?—'Yes. lb) l'ts carrying capacity ?—Yes. (c) Its age?— No. (d) Its working condition?— Yes. (2) If any untrue statement was so wade, was such unlruo statement a statement of actual fact or a statement of opinion?— Opinion (3) If any untrue statement was so made, was such untrue statement so material ■is to actually induce M'Entee to enter into the contract?— Yes. (4) If any untrue statements were so made, woro such statements rectified by Lawrence at tho time the contract was actually signed?— Yes. <5) Did the lorry materially disagree with the description of such lorry given by the plaintiff to the defendant?— Yes. Leave was reserved to both parties on ail questions raised, and motion for judgment is to bo taken on a day to be fixed.