A MOTOR TRANSACTION.

Taranaki Daily News, 23 August 1917, Page 6

A MOTOR TRANSACTION.

MAORI v. MOTOR AGENT. AN OPUNAKE CASE. At (he Supreme Court, yesterday, before Mr. .lnstice Cha]imaii, Atutahi Eukmvai, for whom Mr. Fitzlierbert (instructed by Mr. H. R. Billing') appeared, sued Charlie Lyttle, of Opunake (Mr. I). G. Gow, Eltl.iam) for £175 damages for misrepresentation in connection with the sale of a motor car. There was also a counter-claim for £123 2s 3d for goods sold and delivered, work

done, hires, etc. Mr. Kitzherbcrt in his opening address detailed the transactions which led up to tlie action, and which were somewhat involved. Plaintiff, he Mud, was an illiterate Maori, and one who, when he came to a township, became the worse for liquor and was quite irresponsible. He purchased a six-cylinder Hudson ear from Newton King for £525, and it was in connection with the re-sale of this to defendant and the purchase of a Ford ear that the action took place. Mr. Gow suggested that the counterclaim, which contained 00 or 70 items and would take considerable time to go through, might- be submitted to the registrar, thus saving time.

His Honor: What do you call siderable time—a dav or a week?

Air. Gow: Possibly all the afternoon and v,ho morning. The plaintiff deposed to having purchased a six-cylinder Hudson car from Newton King, paying £52."> cash. Within three months something went wrong with the car, and it was ta'ken into C. Lyttle's garage for repairs. Defendant told him the parts would have to come from Auckland, and that it would cost £l5O to repair it. Nothing was done to the car, and when plaintiff 'vent to take it away, defendant asked him to sell the car, and he agreed to do so for £-100. Defendant said: "Come to Ha-u-era next day and we will fix it up." They went to Hawera, afterwards going to Kurnrangi's, the native interpreter, where Mr. Lyttle said ho would pay the money in two weeks. . A document was drawn up. in which witness understood that he was getting £4OO for the car. Witness could not read, and on taking tho agreement. (produced) to "V'friend who could read, he discovered the agreement was only for £350. He l marked on this to defendant, who said: "Oh, that's a matter for you aud I." It was defendant's idea that they, should go to Hawera. He went on lfughson's car, and witness did not know that he was charged £f 5s for the trip. Defendant went in another car. About a week or ten days afterwards defendant spoke to plaintiff about purchasing a Ford car. Witness did not in the meantime drive about in defendant's car. Witness wished to buy a new Hudson, and brought defendant into New Plymouth to explain that lie had to pay witness .■£■llXl within a fortnight. New-ton King awed, but told witness to wait until he received the £.IOO. Defendant would not agree, as he would not be able to get any cnmmi.-sion. Later Lyttle suggested that witness should purchase a I'ord car from him. and it wa=; agreed (hat Lyttle should bring up a Ford car from Wellington, the price at Wellington to bo £ ISO. He never received the Ford, but soma time afterwards defendant gave him An old Ford to me until l' ; * new car arrived. Plaintiff and his friends used the'car during three weeks, and Lyttle also came several times and used the car for hire, taking it to Opnnnkc and keeping it there until witness telegraphed him asking Unit the car should he returned. Later, defendant asked him to huv the car' for £205. When plnMitin* had an accident with the car, lie brought it to New Plymouth to a garage, where (he repairs cost £4-1. i Lyttle and witness came to New Plymouth, and a bill of sale was fixed up. Lyttle said t|-. e car had been in the garage and the man had been using it for the races, adding, "The best thing is for you to give me a bill of sale and I can go and demand the car." Witness had never received an account from defendant for caro hire for £0!) 10s. Tie did not receive any account until there 'was (rouble between thniu. ■ Witness rej n-.eiubered going with defendant to Waij i-'i'i, wh'i-e he received a clieime for I .-CIS from (he Public Trustee. He gave the cheque to ('.Lyttle. in the presence of N.il-aln'a Murray and Mangi K'otuku. Air. Fitzherhon said lie would have to arply for an order to produce Rangi Kotuku, who was now serving n sen-ten-M of a month's imprisonment.

Witness, continuing, said he put the mi'U'T in tho hands of his lowers, Weston and .Weston. New Plymouth, some time ago. Witness then went to Opunake in his or. which defendant took from him, lolling him that he wished h'ni to sign a receipt, when the car would be handed over to him, saying, "It you arree to put. your hand to the pen the bill of sale will be cancelled Hud the ear will he free." Witness said he did not wish to sirm anything until he hail seen his solicitor, but was persuaded against his will. The receipt whs signed in Mr. (low's office.

To his Honor: Witness understood some of the receipt, lr.it not all,

'i o Mr. flow: Witness g-ot the money f'li- the Hudson car from his sisters, vim suggested (he aelion. His brother did not Ri:q!:c;l liriiiL'in? the case, nor had lie claimed tiio Hudson ear. Plaintin" never (old defendant that his brothelaiii --,-1 it fnr.-rd t!i« action, but lie was inti'-iicd. TTt> had never borrowed a hood « tyre from Charlie Waru's ear. pilaris Warn had the ope of plaintiff's car. while his own' was broken. Plaintiff never cared for the Ford that he got, j »!>'!_ pnly took it lintil his new Ford id'rived. lie i]jd not rnmpniber telling Magon tliat tic had bo unlit the Ford. The ear turned over the day after he rot it. when defendant was driving if. ■ Witness and. his brother and a friend i used lo drive the Hudson ear, but had i never had an accident. The door was j broken when witner-s was going into the j died, hut nnlliiiiL' else was bent when lit vc-jH (0 Lyttle's garage. The engine I was knocking at the time, tie had talc- ; en t!ie Hudson car to the H.iwera races, j but the police had never taken him from . the driver's seat because he was too drunk, but the roliro did speak to him and filmiest thai he was incapable of [poking after the ear. TC il'r Honor; Witness took the ea: home liim-eb. 'but iik{ y.ot i%le tI.G policeman with him. Continuing, witness said he had a full : load of passengers on the occasion. He j remembered the ear sticking up near Oaonui. and Magon towed him in. Matron was supposed to instruct him to drive, but l.ook the car and used it for hire. Afterwards ),,. arranged jyjtt> one of Magon's drivers. "11-,rry." io'tc'iieh hjm lo drive. One of defendant's men used to bring (lie Ford car from Opmiako. He would recognise the man if be saw , i him. He had the Ford "about three [weeks, not on his own, beforevit went

to the Xew Plymouth garage. He never had an accident at Waitara. He took it to Washbourn's garage because something was wrong with the bearings, hut ho did not know what it cost to fix up. He asked Lyttle to pay for it, but Lyttle did not. It was only taken there once for repairs. Kururangi did not explain to him that the sum of £350 was mentioned as the price of the Hudson car, prior to his signing the receipt. It was not read over before witness signed it. Witness did not go first and make the arrangement with Kururangi. He .was certain that the agreement was not read before it was signed. To his Honor: Defendant paid C. Lyttle. Cross-examined: C. Lyttle told Kururangi what to put hi the document, and Kururangi asked witness if that was right. Kururangi did not carry out witness' instructions.

Mr. (jow:"Do you realise that this is a pretty serious tiling to say in connection with a first grade interpreter T Witness: That is nothing to do with me. I am looking after myself. When he discovered that £350 had been given as the price he saw defendant, who said that would be a matter between themselves, and would 'be all right. He had never offered the car to Magon for £350, as he wanted.it himself. He only sold it to Lyttle because it was damaged. He had never offered to sell the car to anyone else. The engine would not revolve when the car was taken to Lyttle's garage. On a previous occasion, after Magon had towed the car, it started. He used to drive/ fast, but he did not know that he raced.. Wheii lie signed the receipt in Mr. Gow's office there were present defendant, plaintiff, a native and another European. The native did not explain the receipt, but Mr. Cleghorn. did. His brother-'in-law came to the garage and objected to the sale of the Hudson ear, which ho claimed was his. He could not say how many miles he had driven the Hudson before selling it. He used to hire Mr. Lyttle's car, but there was an arrangement between them that he should "be allowed the use of a car until the business between them was completed. His friends occasionally borrowed his car. Plaintiff was not supposed to pay car hire, as it was defendant's delay in paying the money that prevented witness from obtaining a new ear. He remem-h-red Lyttle taking him, to various places. Lyttle had lent witness and Ms wife money. He did not remember getting one sum of £2: Ha may have been drunk. He had instructed defendant to pay Walsh £25, but the amount had not been paid.

Re-e\umined, witness did not understand Unit lie was expected to pay for any hires. Defendant never made any mention of the £3O refunded by the agents on the purchase of Ford cars. T. Kurarangi, who was culled as a witness for the defendant before the close of the plaintiff's ease, to enable him to ;ret away, produced the receipt given by the plaintiff to the defendant. The plaintiff met witness on the street and told him he.-ltad a little business lie wanted done for him. lie might have mentioned that lie was selling a. ear, but witness could not remember. When witness went with plaintiff, and saw I.vUle the latter told him everything had been arranged. Witness prepared the receipt, including all the items he was told the parties had agreed to-. He read over the contents of the receipt, and the plaintiff a»recd to them. Witness then took the plaintiff down stairs and obtained his mark' to the receipt—he could'not write—in ' the presence of another witness, a tailor named Johnson.

To Mr. Fitzhcrbert: There was no certificate attached to the rcceint to the effect that ho had explained' the con. tents of the document to the native. The sum of £4OO wan not mentioned during tiie Interview, so f>ir as lie recalled, but his interest was particularly centred on the payment of the €2l )0s and the terms of receipt. He remembered writing a letter in reply to one from Weston and Weston, in which ho Baid that ii lie remembered rightly something had been mentioned at thp interview about £4(10,

Ec-cxamincd, Atutahi subsequently mentioned the G-tOO. and that was what had refreshed his memory as to that amount.

Stanley Washbourr.e, motor gara«e proprietor, Xow Plymouth, stated that plaintiff hr.d broii-hi: a Ford ear to him several times for oil and small repairs up to Soptombir, ]!)i(i, and after that it was hiT.r7.hl for repairs of an extent sive nature, which about £44.' Atutahi had run the ear from Parihaka without oil, eaii-i; -. damage to the cvlinJcraiKl the piston. Lyttle had never Raid anything definitely about getting the Hudson car from Atutahi, but hail given him to understand that he had given Atutahi a new Ford in exchange for the Hudson, From the odds and ends of conversation witness had concluded thai Lyttle had made a very good bargain. '

To His Honor: The Ford car was not a new one. When it came into witness' place it was very shabby.

To Mr. (low: The car came into the r:nr.\ge for serious repair on September 2:;, and the damage it had received could have been done in an hour.-easily, Tho car was in fair condition whop it came into the. garage previously, on August ft The brake-bauds on Ford oars wore out very rapidly. The Ford was supposed to I'C fool proof so far as the transmission 1 as concerned.

To his Honor: The Hudson car seemed L'i him practically new, and in good eond.tion, hut he could not say what it would be worth. There would be very li Ulc deterioration in a Hudson when. \\ < «s practically new. .Jimi Jumbo, a Maori living near Optinake. stated that be was a motor-car ■irivel and mechanic. He was working 'n T.'yttle's garage, and remembered the ime when Lytlle bought the Hudson car from Atutahi. While the car- was In the garage they-e was nothing done to it; It slnjpty stood there. There was sometiling wrong with the engine which would have taken a ■ considerable amount of money to put right. Lyttlo put it'right hinwelf within a week.' Witness could not say if any new parts had been put in. Witness had taken the Ford. car. from the garage to AlirLhi, an 4 it Wrtfl while it; was under bis (witness') cjiargu that It upset. It was an old Ford ear which had been used for carrying passengers in hire. To Mr. (low: He was not an expert motor nvclianie.

Twi Kalm Rukuwai, brother of the plaintiff, stated that the Ford car bought from Lyttle's garage was an oh) cay, Th'n! olcicd. the i<«s» for the plaintiff, and the court rose till !) a.m. to-day.