ACTION FAILS

Evening Post, Volume CIX, Issue 42, 19 February 1930, Page 15

ACTION FAILS

3ALE OF FKUIT BUSINESS

Ihe action brought by Lily Olive Sumiier against Laurence Charles Puiton tor rescission of contract and damages in respect of the purchase of the lease and goodwill of a fruit shop at Island Bay, jwaa concluded in the Supreme Court yesterday afternoon, before the Chief Justice (Sir Michael Myeis). The plaintiff alleged, alternatively, fraudulent ln&neniceentation or breach o£ wauanty. la giving judgment, his Iloiiour said ■that breach of warrantj the only Question involved. Although ho had his doubts earlier in tho case, it seemed to him that the defendant must hive been making a profit of 50 pei cent, and lint the weekly average tintle i\as i.lO Tint .•was on the assumption that the hgmes the Hefendant ,had given -\vpie subbtuntiallv true, and, said his Honom, lie Jui nut think he would be justified iii branding the defendant as at untruthful person. In the circumstances', ho would hold, thut the plaintiff had not succeeded in her claim, and that the defendant was entitled to judgment. 'The defendant was not allowed costs, his Honour remarking that, in his opinion, the litigation was due to the fact that the defendant did not keep even the simplest-of books. Had he-done so, the case would not. have been necessary. ■■ ..Mr. W. .PerrK.appeared.for the plaintiff, and Mr. J. S. Ilanna, ,with him Mr. J. D. Willis, for the defendant. ■ . ■;. '