CLAIM FOR DAMAGES

Evening Star, Issue 23700, 7 October 1940, Page 4

CLAIM FOR DAMAGES

POSSESSION OF FUR GOAT The magistrate (Mr J. R. Bartholomew) reserved his _ decision in a case heard in the Magistrate’s Court this morning in which Margaret Alison Barry proceeded against the N.Z. Fur Co., Ltd., claiming the sum of £45 3s. Mr J. C. Alowat, representing Messrs Rout and Milner (Nelson) appeared for the plaintiff, apd Mr J. B. Thomson appeared for the defendant company. The statement of claim set out that the plaintiff had purchased a fur coat valued at £55 from the defendant company, which had retained possession of the coat until such time as it was completely paid for. Alterations had been arranged for at the time, but, by consent of both parties, they were not to be carried out until payment was concluded. These alterations had not been done to the satisfaction of the plaintiff, who had thereupon returned the coat. Mr Mowat explained that the point at issue was the right of the plaintiff to reject the coat. Evidence was given by the plaintiff to the effect that at the time of the sale, arrangements had been made to have certain alterations carried out; When the coat had been paid for these were authorised. The coat hem had been cut, instead of turned up, as was desired, and the coat was therefore not acceptable to her. For the defence, Mr Thomson contended that no reputable furrier would have turned up the coat to shorten it. He described the action as originally a device to obtain a price concession which had developed into its present form. Leon Cohen, manager of the defendant company, gave evidence.