PURCHASE OF A HOUSE

Hokitika Guardian, 27 August 1924, Page 4

PURCHASE OF A HOUSE

ii|S 11 "IT! OVKl! I'ITTIN cl i liis'! ( ii run i , ah”. : M. Alum live Dumps mill iful 1 1 y 1 1 1 i:itr r.i'ii'lil tlic eye nf ;i puirini:or ii! it i<»':>.• leionily. m.ii hi’ MC”iili;iU , *l til secure |licv\ so ilml lie wllll l l l mil !r |mi I" mil mi-i!!Miii‘ i ii'in .iltri'iil: • i:-. I’l l' il’ il dill not i’.!-- di w iliiniil ;i iomhuc. i liit-'i Inn I its sei|iiol hi tie .rinp.l-: I lit . ( .ilirt v.'Sti’l'llil y. .Imncs Dmuiiill I’oiitnii, retiroil ' li-1 |i- 1 ;i riiHT i.Mr Alii.ts), rlminml lit n .lolin l.m.vrrm i- Vci'irrU;'. «:i 'J.Vi. i“. p.iiiui i; ir.il. l:i j!; *r (.Mr .M. -I. 1 ;ir- ■ >:i >, ii.i:- im.' i::11 ii!' electric liplit littiiius or l!r.'ir vulim. .0To; pii'-sc'-sinii nl inplcim.ik ciislii<ni'i nr llioir vuliii’. ; i:----i m nl I'iilKt lilimls or •.'•i--ii- viiluc. CIA; mill t!iuni nl L'tM pi'll.-nil i!:iiiih”i’>. .Mr AI per.- viiiil Unit I?i>11 1 ■.111 Inmylit lions,■ Ir.im Vci”etl •, 11 is niti'iitioii ns Dim ilrnv. n lo (In' liiiii.-.’ liy :i k’.ml;i”i‘ii i*s mlwri isonii'iiL. in which stress m;is l.inl on (lio lemitil'.ll littinoi. 11 on lon toiil VcrprLio t lint lio wmitoil to ii.i mlo ;i 1 1 *ni si■ complete without

tiii; in-i-:■•-ity ol' 111:1 leinj*. alterations. He linoleums, carpets ami oilier fiiri:i!iii'o!' v. hicli lie paid £1111). The |':i:tli.-i-.‘ pries* nf the house mis £•£)■'!:!. Tv.u i iMiaets were dmwn up. one lor the sale of the house and the oth'i' in i oiinect am witli the chattels, la .addition lo the eleeirie liiiht liltilees. I’wiilon was to eel the iiiidcMnnk cn.'lii ms. Ti aa.' pointed out that these were made : )•■( ially lor tile house, sod .Mr and Mrs Vei'e'Un avreed to • ive i’ii- eu 'iioiis i.s a jjilt. When the ceuirnel teas' In ii>e sieiie.l in eoiliieetioii with the littines. a dispute arose over an eleeirie healer, which Iteiiton said was t i I ■ ioeloded in the littioes porehased. VcrtielU* lieeame ;tlisa.'!'v . and .siihseipiently stripped the til11lies and said tliem for £!o. The itnSivrr I 111- d..|'endaiiL would l:e that cleeiri-' littines did not pass with the hell'.'. Inn tin- plaintiH' contended lliat in this ease thee were specifically de-s-ril'ed as heioe pari of the house. Two ol tile lamps tt liieli luol heen lemovo I had ei si 111 lls eaeli. I’i..intili' said that his all'uilioii was drawn to the property hy au sidvert i<*>nieiit. lie interviewed a linn of ap'fiits. ami was shown a deseriptioii end. which referred to the elect rie (ittill.es as ladiur very expensive. lie saw the>e. and he thought they were liaatl ! lil'ul 'ielite. lo the ilrauioe-l'o'iti) there were tan invert lights, jp the diiiini'-rooin there was another rMirrsive lieht. and al-o one in each lodl There were seventeen points in the house, and one in the motor mimin', lo lhe hedrnoms the lights had fancy shades. JViore lie sinned the i nntr.nl. he mmle another inspection. Mrs \ erect te said that she won hi leave I lie house nice and clean, and would also remove the inverted howls, have them washed and put them hack. 11<• ashed Mrs Voi't'etto. if in the event of a sale,

she ivould- leave the cushions: She replied that tliay were made at Mitllantyne’s, anil were very expensive. Later, lie spake to Mr Yorpettc. who agreed to leave the cushions. It was an inducement for plaintiff to l.uy; they went alonp with the house. When discussinp certain curtains which Y«*rpetto wanted to lake away, plaintiff said he wanted the house complete, so that he could move in his- furniture without spending any more, .lust before takllip possession VcrpctU* asked him to pay for the lights, and plaintiff replied that they were offered with the house. Ycrpettc said lie would no into the matter and see what they cost him. lie said they were not in the sale note. A few days later lie sent a message to the effect that the lipids cost £7o. and that if plaintiff did not pay £.»() for them he would remove the lilinds and dubious. On taking possession plaintiff found that the live inverted lights, blinds and cushions had been removed. Through the removal of tin* lipids, damage had been caused to the orilinp. Adam Smith, land agoni. said that Ycrgeti:* bad said it was not necessary fu include the cushions in the sale note ns they were not dealing with men of strifiv. In tl|-,t experience of witness, ii was the usual thine to ii-aVe the blinds. .Mr (Ires-on said that the actual defence was purely a legal one. There was littl* dispute a.- to the facts, and tin ere v. is ii. i doubti that bad it not been that. Ycrje-t l e thought lie was hemp nil-led li'. the ilii-lnioii of certain articles in the contract. maiitU the electric heater, the case would not have rc.-nltcd. The (|Ucstiuii of whether electric light. fittings were regarded as fixtures within the meaning of the landlord and tenant had been ihcided. Till- shade's were oxp"ll'ivc, which showed that they must have heon pul tlierr for ornament as well as fur u-e. They did not pass under the contract. and the only way they could lie made to pass was to include them in (lie cuntiact. Then there was the (|iiesliuii of the cushions and Minds. These wore in a different category.

The Magistrate (Mr 11. Y. Widdmvson) said that it was uni claimed that the articles wne fixtures. It "as claimed they were offered. Mr (ire-aoi replied fin! the contract had been signed and these were not included. If bad been said that the cushions passed with the house, but tin* Court bad to liud a lepal relationship: either they bad been sold or tliev had heon piven. If thev were a pill, delivery hid nut been piven and plaintill' could not recover. If they bad been sold, they should have been included in the contract. Defendant was mcrclv standinp hv his lepal riplits.

Defendant, in pivinp evidence, denied t lint he had said there was no occasion tw pul the ciisliinus in the contract. hut said he told Menton ilial hewould make a pi ft cl them. 'I he electric liplit filtinps cost him Ml Bs. and he sold them for half price. Tie denied st'itillp that the lit tine-, were worth C7o. lie had offered the dectrie liplit- lit I imps, topetlier with the cushions. blinds and two kerbs, to •llcntmi lor L'.V.h The cast* was adjourned till to-day.