BAKER CLAIMS DAMAGES

Sun (Auckland), Volume III, Issue 796, 17 October 1929, Page 11

BAKER CLAIMS DAMAGES

DISPUTE OVER EPSOM BUSINESS COUNTER-CLAIM MADE The claim of an Opotiki baker, Peter Elder Ramsay, for £156 damages for alleged fraudulent misrepresentation in connection with a lease of an Epsom bakery business which he entered into, against Thomas Alfred Leonard Mitchell, was continued in the Supreme Court yesterday. A counter claim for £577 damages for loss of rent and £32 arrears was made by defendant, who denied the allegations. Opening the defence, Mr. Goldstine applied for a nonsuit on the ground there was no proof of misrepresentation, but his Honour reserved his decision on this issue. Chas. R. Holehouse, a grocer, gave evidence that the locality of the bakery was quite good, for business. He declared that in his own business his takings had increased substantially since going there in April last year. Defendant gave evidence that he gave Ramsay all the information he possessed concerning the business before the lease was entered into. Witness had warned Ramsay that the business would be useless unless bread was delivered. He indicated a number of businesses in the neighbourhood which were doing well. Continuing his evidence, Mitchell said he regarded the business as the best proposition in the Auckland district. He emphatically denied that he had suppressed any facts from Ramsay. Witness’s wife had two shops in tho same block and the tenants had no difficulty in meeting their obligations. Judgment was reserved.