DEALER WINS ACTION OVER LORRY
Page 37
If you've noticed an error in this article please click here to report it so we can fix it.
A DISPUTE as to the sale of a tipping
lorry gave rise to an action before Mr. Justice Hilbery in the King's Bench Division last week. The plaintiff, Wm. Townson and Sons, Ltd., Bolton, claimed damages from Mr. W. H. B. Quilliarn, who formerly carried on business as a motor dealer at High Road, Kingston-on-Thames, alleging that a lorry which he sold to the company in March, 1948, was • not as represented. The plaintiff alleged that he was told that the vehicle would be overhauled, with a reconditioned engine and gearbox and good tyres. When delivered, the vehicle was not in the condition described, and was not worth the 1475 which the plaintiff paid for it. Denying that any warranty was given, or that the lorry was sold as reconditioned, the defendant alleged that plaintiff's representative bought the lorry as it stood. • Mr. Justice Hilbery said that he did not accept, except where corroborated in every detail, the evidence given by a man named Sykes, through whom plaintiff conducted its business with Mr. Quill jam. His Lordship thought Mr. Quilliam's evidence was true, and that the lorry was sold as it stood, and not as a reconditioned vehicle.
The plaintiff had been grossly deceived and misled by Sykes, and the company failed in the action. His lordship accordingly gave judgment for Mr. QUillialD, with costs.