FRAUDULENT MISREPRESENTATION

Dominion, Volume 20, Issue 42, 13 November 1926, Page 12

FRAUDULENT MISREPRESENTATION

DAMAGES AWARDED.-

Dominion SpeciaE

Dunedin, November 12.

Mr. Justice Sim was again engaged in the Supreme Court yesterday in hearing evidence in a case in which Elizabeth Madeline Lynch proceeded against Grace Wilson. The plaintiff asked for an order rescinding an alleged contract, and £lOO damages for alleged fraudulent misrepresentation or £5OO damages for alleged breach of warranty. The application for an order for recission was not proceeded with. . Mr. H. E. Barrowclough appeared for the plaintiff and Mr. W. L. Moore for the defendant When the case was called Mr. Barrowclough stated that two valuers had been engaged, and had arrived at the decision that the value of the furniture was £2OO. His Honour said the only other question was whether the plaintiff was likely to suffer any further damages in connection with the lease, and whether the rents which she was likely to get would be sufficient to pay the ground rent. At present she was not getting enough for that. Mr. Barrowclougn said the plaintiff could not get enough at present to pay the 'ground rent. ’ He would offer to let defendant take the place back. • .x: . Mr. Moore said he had not had fame to put this attitude of the case before his client. His Honour said the plaintiff was entitled to recover -damages, and the only remaining question was as to. the amount to be awarded to the plaintiff. Subject to the question of whether the rents received in the future would be sufficient to enable the plaintiff to ! pay the ground rents, rates, and other outgoings, the amount of damages would be £350 less the value of the furniture. The case was further adjourned until Monday, November 22, so that the position could be gone into further.