AN INTERESTING CASE.

Wairarapa Daily Times, Volume XV, Issue 4659, 27 February 1894, Page 3

AN INTERESTING CASE.

h Me Dispute,

The civil sessions of the Supreme %ourt at Wellington were continued yesterday before Mr Justice Eiohmond, when the caso of James Haj v. John James O'Brien came on foi hearing. The particular? are somewhat interesting, and are published by the N.Z. Timeß aa followa : The plaintifl's etatemont of claim set out that in September, 1893, the defendant advertised for sale a manu< faoturing business, which was doB oribed as" doing a nice trade, " capi able of large extension," " suitable A for an energetic and capable man," Bl and as I 'yielding large proGts." The plaintiff made enquiries, and was introduced by Messrs Mather and Co. to the defendant, with whom negotiations were opened up for the sale ol hia mated waters manufactory at Newtown, Tho plaintiff alleged that in the course of these negotiations the defendant repeatedly stated that the basinets was a paying one, and that J £2OO could be easily realised from it in a year; that the takings from the Ist to the 18th September alone had been £29, and that among the stock-in-trade were 1000 dozen of ball' itoppered bottles, as well as about , 1000 dozen of ordinary bottles. Plain- ;. jjjjlfurtber alleged that, relying upon these statements,' he purchased the business on tho 21st September, 1893, paying £250 in cash and giving promissory notes (secured by a bill of Bale) for £IOO additional. He says that he afterwards discovered that the business was not a paying one, that tho takings did not cover expenses, that tho takings from the Ist to the 20th September had only been £ll, that there were only 100 dozen ball-stoppered aod 25 dozen of ordinary bottles in stock, iat tho total value of the plant, fittings and fltook-in-trade was only £IOO, and that during the six weeks following the purchase he was obliged to inour necessary expenses amounting toL46 in excess of the total takings for that .period. Be therefore pleaded that he bad been deceived by false representations, and accordingly claimed LB6O and costs. The defendant, by his statement of defence, denied that his advertise* ment stated that the business was yielding large profits, and denied also the representations imputed to him, alleging also that if he did make them ' it was in the belief that they were true, Ho alleged that he referred the plaintiff to his manager (Mr Felling) for information as to hia business.and that plaintiff visited the factory and made the necessary enquiries. Defendant likewise denied the alleged . representations as to the number of bottleß in stock, and as to the takings between the ißt and 18tb of September, . The plaintiff deposed that he came to Wellington from Eketahunaorj&| 19th September of last SjUgjriH

i an advertisement in the papur he interviewed Mr Mather, commission ' agent, and waa referred by him to the defendant,O'Briea. The same evening he saw O'Brien at bis private house and defendant assured him tbnt there was a fortune for anyone whrjrould look after the business, Witness said be' only expected to make decent wages. Next morniug at the factory, Pelling, iu answer to his question, told him that the plant was worth about L3OO, Witness took down a list of the plant. He was pressed to take the business from that day, but ho rofnst'dj as he wanted to see the books, O'Brien took him to the factory in the evening and showed him the delivery book, which allowed the takings for the first 18 days of September to be L 29, Bo believed the book bad been made up for the occasion; he did not know what had become of it since. During the time be rail tho business the loss and expenses amounted to about L 88; tbo takings amounted to L2B lGs 8d during the same period. Edward Pelling, manager of the factory, and Jabez Mather, commis- i sion agent, also gave evidence. ! At 5 o'clock tho Court adjourned, 1 plaintiff's case being unfinished. ;