MAGISTRATE’S COURT

Otago Daily Times, Issue 24423, 8 October 1940, Page 3

MAGISTRATE’S COURT

Monday, October 7 ‘Before Mr J. R. Bartholomew, S.M.) Decision Reserved At a special sitting of the Magistrate’s Court yesterday. Margaret Alison Barry, who was represented by Mr C. J. Mowat, proceeded against the New Zealand Fur Company, Ltd., claiming the sum of £45 3s, being the amount paid for a fur coat, together with the amount allowed for an old coat (£10). It was explained in the statement of claim that the plaintiff purchased a fur coat from the defendant company at a price of £55 She was allowed £lO as a trade-in on an old coat and paid £1 on the coat. On August 11 this year £9 17s was still owing, and this amount was paid by cheque. The plaintiff took the coat home and then found that the defendant company had cut four inches off the bottom instead of turning up the hem as arranged between the two parties. Payment of the cheque was stopped and the plaintiff then tried to reach a settlement with the defendant. She was unsuccessful, and thus claimed the amount stated.—Mr Mowat said *he case hinged on the right of the plaintiff to reject the coat because the contract of sale had not been carried out.—-For the defence, Mr J. B Thomson submitted that the condition regarding the alterations to the coa J was a subsidiary arrangement. He also produced legal argument.—After hearing the evidence of the plaintiff and the manager of the defendant company, Leon Cohen, the magistrate reserved his decision.