MOTOR-CAR TRANSACTION.

Stratford Evening Post, Volume XXXI, Issue 48, 23 September 1916, Page 7

MOTOR-CAR TRANSACTION.

DONALD V. MCGOWAN. This was a ease hoard at tho Stratford Magistrate’s Court before Mr Haselclen, S.M., yesterday, in which plaintiff claimed £3l damages for refusing to .carry out a contract entered into on 11th August, 1916, to purchase a model 75 Overland 5-seatei ear, and for tiie defendant refusing ( to give delivery of a Singer car sold hy him on or about 11th August 1916. or as an alternative, a claim

of £3l for commission on the pur chase money of Overland car; or an alternative of £lB 10s for work done and services rendered by the plaintiff in connection with the sale of defendant’s Singer car for £lB5. Mr Rutherford (Messrs Rutherford, McAlister and Coleman! appeared for plaintiff, and Mr Cecil Wright (Messrs Wright and Lawrence) for the defendant. Ren McKnight, motor ear salesman, employed hy the plaintiff said that l.e met defendant, and as a result, of conversation ho arranged to sell his own Singer car and would purchase an Overland car on the terms of an agreement. Witness accordingly soi l the car for £195 to Gunderson.

The Magistrate: Was he a good man as far as cash is concerned?— Yes.

Witness continuing, informed defendant that he sold the car on Saturday, August 12. Defendant said “all right.” Defendant brought the (ear to give the purchaser a trial, he was satisfied, and paid £lO deposit. He told defendant he sold car and had received £lO, and asked him to bring the car on the following Wednesday to give a lesson in driving to Gunderson. Gunderson, however, did not come as arranged. Defendant was asked to bring the car again and said he would, but he did not do so. Between Wednesday and Saturday, defendant cancelled the sale, stating that ho was not going ro complete the agreement. Plaintiff gave evidence and produced the agreement. He stated that he sold the car to Gunderson but defendant refused to complete. John Gunderson, creamery manager, in his evidence, stated that he purchased a car from McGowan on the 12th August and paid a deposit of £lO.

The Magistrate: Did you get a receipt?—Yes. (Roce’pt produced).

Witness said he arranged to go on Wednesday, August 16th, to get the car but could not go. He was to give £195. The Magistrate; You did not know what the seller was getting? Witness replied in the negative, and said he knew whose the car was. He came to the plaintiff’s garage on Saturday! 19th and stated he wanted the car, but was informed it could not be delivered as McGowan had cancelled the sale. He went again on the 26th and said he wanted the car or the deposit. Witness was then informed he woidd have to give formal notice.

The Magistrate: Do you want the £lO P—Witness said yes, adding that he did not think it was necessary to give notice.

Counsel for plaintiff explained that Gunderson had since taken the car.

The Magistrate: Is this another car ?—No.

It was here stated that defendant had sold the car to Christianson and that Gunderson had purchased it from Christianson for £2OO.

By Mr Wright: Did you know McGowan P—No. /

Mr Wright: Did McKnight or Donald introduce you?—No.

The Magistrate remarked that witness was. giving only £5 more to Christianson.

Alexander McGowan, police constable, stated that he arranged to sell his Singer car for £lB5. By Mr Wright: The selling price was £lB5. It has been suggested that £lO was profit between the plaintiff and defendant. The Magistrate: Was there any understanding that plaintiff or his man should retain anything over £185?--Witness: Nothing'' whatever was said.

On Saturday McKnight told witness that “the buyer was thinking over the matter until Wednesday.” Witness called, and Gunderson had not arrived as arranged. Witness saw Mrs Donald, who took a notice of cancellation. On Thursday, August 17th, witness was informed that the car had been sold and £lO paid as deposit. No price was mentioned. Mr Wright; When did you learn £195 was the price at which Gunderson was buying? Defendant: About a week later. By Mr Wright: What did you do with the car? Defendant: I sold it.

Maurice Christianson, creamery manager, stated he bought the cai from defendant for £lB5 and sold it to Gunderson (who was his nephew) for £‘2oo.

The Magistrate: Did you tell your nephew you bought it for £lB5 and sold it for £2oo?—No.

The Magistrate: You would not trick me like that!

Mr Wright in stating the case for the defence submitted that the agent must 1)0 diligent »md must eommnnicate all the material facts with all reasonable speed. The Magistrate: He is certainly acting with all reasonable speed in tliis case.

Counsel submitted oases m support. The Magistrate said he would give bis decision later.