SALE OF MOTOR CAR.

Taranaki Daily News, 2 October 1918, Page 3

SALE OF MOTOR CAR.

QUESTION 01' WARRANTY^ In the Magistrate's Court yesterday afternoon, before Mr. A. Crookc, fe'.M., Jolm Wilkes (Mr. A. 11. Johnstone), farmer, Brixton, claimed from G. C. luliby (Mr. J. H. Quilliam), bootmaker, New Plymouth, the sum of £lO. The claim set out that in January last de/iiiimt guaranteed a certain motor-car to be in good running order, and thereby induced plaintiff to purchase it for £1!>0; and that the motor was not then in proper order, and as a result plaintiff incurred expenses in repairing, and claimed damages amounting to £4O. In setting out the facts, Mr. Johnstone said that in January defendant was stuck up with his car on the road near Brixton, and plaintiff, who came on the scene at the time with a dray and two horses, towed defendant's car back to Fitzroy. During the journey plaintiff said he was about to huy a cay himself and had already paid a deposit on one. defendant said he was propared to sell his car, a3 he intended to buy a bigger one. Negotiations were opened, and ultimately resulted in a sale of the car to plaintiff by defendant. Defendant took plaintiff for several rides in the ear previous to the sale being effected, and though on one occasion it vokc down, defendant always contended the car was in good running order, alIcging the trouble was only trifling. On the Sunday after the purchase was made, plaintiff set out for Stratford, ibut the universal joint, smashed before he had gone three miles. On examining the ear. it was fotmd to he in very bad order, and had cost £4O to repair. It was alleged the joints of the car were packed up with tin. Evidence to this effect was given by plaintiff, and was supported by witnesses who were present at the time the sale was made, who gave evidence as_ to defendant's statement of the car being in ?ond irder. Evidence was also given by R. .9. Wooldridge. motor and electrical engineer, as to' the condition of the car, and the amount of repairs required, for which he charged Mr. Wilkes the sum of £lO.

Defendant, in his evidence said he bought the ear at the end of 1916. for £125. It was second-hand at the time, fie spent about £7O or £BO in having the ear put in thorough order. On the occasion when plaintiff towed the defendant's car in from Brixton, plaintiff said it was a nice car, and witness replied that he wanted to sell it. He offered it to plaintiff for £2OO. No business resulted, as plaintiff said he was interested in a Ford car on which he had paid a deposit. In consequence of something he heard, he went out later to see plaintiff, and ultimately a sale was effected. He taught plaintiff to drive, and on one occasion when they were out the car 'broke down. While plamtiff was learning to drive they went on the low gear. Plaintiff commented on the engine getting hot, but that was on account of running on the low gear. Defendant stated that possibly the cylinders were a little dirtv, and. lie underto keep the engine adjusted, and (aught plaintiff to do the same. Defendant denied savins- at any time that the car was in perfect running order. When the sale was completed the price was £2OO, but £lO was allowed plaintiff in consideration of his breaking the contract for the purchase of the Ford car

In cross-examination by Mr. Johnstone defendant said a great deal about ha d done himself m the matter o repairs to the car. He was not surprised to learn that it had done over ?nn °° ITlil(sS - He did not tliink the amount of repairs stated for the plaintiff by Mr. Wooldrid.ee were necessaarv Previously the car had been used as a taxi-car. Witness used the car for private purrtoses, tnough on one occasion lie had plied for hire and earned £3, and nil id £1 for a license. TTc. liad told Wilkes that he would put the car in perfect order for £225 but he had never guaranteed the car in running order. Kvidence as to the condition «f the ear was given by Frank Duckworth, motor mechanic, employed bv Newton King, who said he had seen the car on sei'eral occasions, and considered it in good order.

George Limb, median!?, Inelewoorl, said he had examined the ear for his brother-in-law, to whom Kibbv had offered it, and. after testing it for about 12 miles, over a severe road, she "ran lovely."

In cross-examination Sy Mr. Johnstone. the latter witness said he did not take the engine down to examine it. To the Magistrate: He tested the entrine with a stethoscope, and if there had been a knock from thu defective "rdceon-pin it would have been instnntlv noticeable.

At this stage the hearing was adl'ourned till Thursday, in order that the worn parts could be produced in court and further evidence taken on the condition of those parts at the time the sale was made.