MOTOR-CAR TRANSACTION.

Taranaki Daily News, Volume LIV, Issue 143, 13 December 1911, Page 4

MOTOR-CAR TRANSACTION.

A QUESTION OF DELIVERY. At the Magistrate's Court yesterday Mr. H. S. Fitzherbert was called upon to adjudicate in a ease in which VVm. Henry Wood, for whom Mr. A. R. Standish appeared, sued Montague Loe 11 olah, represented by Mr. Quilliam, for the refund of £2O deposit paid on a motor-car. Mr. Standish, in outlining his case, said that the plaintiff, who was a-cabinet-maker, inexperienced in motorcar transactions, had gone to Mr. Holah> an experienced motor-car dealer, on October iL7 and arranged to purchase a five-seated motor car, which Mr. Holah told him was on the Whakatane and would arrive in Wellington on November 3, so that he could get delivery on November 10. Plaintiff had seen the defendant several times since, and had been told that it might 'be months before the car would arrive. As he could not wait that long he had cancelled the order, and now claimed refund of his deposit. The plaintiff went into the box and deposed that he was a cabinet-maker, in partnership with Mr. Petty. At the end of October he dissolved partnership so as to be in readiness to receive the car, which he intended to let out on hire. Mr. Quilliam here raised an objection. He submitted that no date was mentioned in the written agreement at which the car was to be delivered, and that therefore no evidence could be. given on this point unless incorporated in the agreement. In fact plaintiff must be non-suited. He quoted authorities to show that in written sales not mentioning the time of delivery verbal evidence was not admissible. iMr. Standish argued that where no time was mentioned it must be assumed that reasonable time was meant. The Magistrate held that Mr. Quilliam's point was fatal. An agreement could not be altered or varied 'by power of evidence. A man was bound by his signature, and should be very careful before signing any document. He pointed out that if the car was not delivered within reasonable time, action could then be taken. The plaintiff was non-suited, with £-2 2s costs.