MAGISTRATE’S COURT

Evening Star, Issue 21744, 12 June 1934, Page 12

MAGISTRATE’S COURT

TUESDAY, JUNE 12. (Before Mr-J. R. Bartholomew, S.M.) DEFAULT CASES. Judgment (with costs) was given for the plaintiffs ill the following cases: A. and J. Watt Ltd. v. Jack Page, 15s lOd, goods; A,, L. and C. Currie v. National Sound Films (N.Z.) Ltd., £45, goods; Clifford Browne Ltd. v. F. W. May (Outram), £2 ss, goods; Westport Coal Company Ltd; v. Robert Bruce (Cromwell), £146 Os 3d, .coal; Mewhinney and Anderson v. William H. Goss, £l6 6s 6d, amount owed; A. and L. Currie v. F. Barnett, £2 2s Bd, work done. RADIO SALE DISPUTED. M'Graoken and Walls proceeded against George Duncan Wilson and Dora Wilson in a claim for £25 allegedly due in connection with the sale of an Atwater Kent radio. Mr F. M. Hanan appeared for the plaintiff firm and Hr C. S. Wilson for the defendants. .

Mr Hanan outlined the negotiations that led up to the delivery of a radio set to the defendants. A demonstration set was installed and an aerial erected at a coat of £2 2s 6d. Later the set that was the subject of the claim was sent down, and a sales docket was signed. ' The question of interference had been discussed before this, and Mr Walls and an expert attached to his firm visited the house and made extensive tests. This interference had been discussed before the docket was signed. The set was subsequently returned to the shop and the sale repudiated. The defendants intimated that they had purchased another set. Mr Hanan submitted that the sale was a good one, that the sot was an efficient one and in good order and rendition, and that any unsatisfactory feature was the result of outside interference and not of any defect in the set.

Lengthy evidence is being heard and the case was resumed this afternoon. The defence is that no contract was entered into, and that if a contract were entered into it was voidable at the option of the buyer, owing to the unsuitability of the set. The defence also contends that the wrong remedy has been applied for.