SALE OF A HOUSE.

Hokitika Guardian, 30 August 1924, Page 1

SALE OF A HOUSE.

WHO GETS THE FITTINGS. CHRISTCHURCH. August M. The question at issue ill a ease before the Magistrate's Court yesterday Wits whether electric light fittings, inglenook cushions and blinds were included in the price of a house in Heaton Street, which changed hands for £2OOO. James Dartnall Renton, retired sheep-farmer (Mr Al]ers) claimed from .John l.awroiue Yergette. of 2oG Uapanui Road, tailor (Air M. J. Gtes si.n) possession of electric Jiglit fittings, or their value, £7o; possession of iuglenook cushions, or their value. £10; possession of roller blinds or their value, £ 1 ."j; and the sum of £2O general dam-

The ca.se was ] artiy heard on Monday last. Renton said that the lights in Ycrgetteks house were beautiful. There were two inverted lamps in the dt a wing-room, another expensive one in the dining-room and one in oath hull. The understanding was that these fittings were to go with the house. .Mrs Ye'.gettv had stated that she would remove the howls, clean them, and have tltem put back. He was also told that if he bought- the house the cushions would go with it. Later a dispute arose and Yergette demanded the price of the fittings. The defence. Mr (Lesson stated at the previous sitting, was purely a le" one. There would have been no di - putc had not Yergette thought lie was being misled hy the inclusion of certain articles in the contract. Counsel submitted that the only way the fittings could pass was hy their inclusion in the con tract.

.Mr' Alpers submitted that hy his advertisement in the newspapers and by his agents’ card of particulars exhibited to Renton Yergette had said in effect“ This house < ontains electric light fittings, and expensive ones at that.” On that representation Renton was induced to buy. ft was a warranty and defendant was hound to hold jo it. If Yergette could remove the fittings after holding them out in his advertisement, and by the mouth of his agent, then it would he working an impudent fraud. Counsel went into the various legal aspects of the case, quoting several authorities. The Magistrate (Mr 11. Y. AViddowmiii) reserved decision.