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Hire-purchase Claim Won By UD T

12th March 1965, Page 38
12th March 1965
Page 38
Page 38, 12th March 1965 — Hire-purchase Claim Won By UD T
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LAST week, in the Queen's Bench 1—IDivision, United Dominions Trust -(Commercial), Eastcheap, London E C, was awarded £483 8s. 6d. on a claim relating to a hire-purchase agreement.

The plaintiffs, said Mr. Justice Megaw, were entitled to recover an amount which would have put them back in the position in which they would have been had the agreement not been entered into, but not—as had been claimed—what they would have received if the agreement had been carried out.

Judgment with costs was entered against D. Turner (Garages) of Barry Road, East Dulwich, London, SE, and Mr. Derek Turner, director of the same address.

The agreement was made last November and related to a Bedford-Scarnmelt artic. The plaintiff company bought the vehicle from the defendants and hired it out to a Mr. Douglas Bland, according to an invoice, who paid £175 deposit. In fact, however, Mr. Bland paid £30 to • a representative of the defendants (who has since died); the representative pretended to the plaintiffs that he had received the £175.

His Lordship's judgment was that if the defendant's representative had not made this false representation, the plaintiff company would not have accepted the business. His Lordship was further satisfied that Mr. Turner knew nothing of the fraud at the time, and there was no reason to suppose that he would have approved of it if he had known.

Later, Mr. Bland defaulted on the repayments and asserted that the vehicle trailer was subsequently stolen. The plaintiff company repossessed itself of the tractor, which went back for the time being to the defendants. The plaintiff later accepted an offer of £150 from the defendants in respect of the tractor.

Hay's Wharf Results RESULTS from all road haulage companies of The Propriotors of Hay's Wharf Ltd. improved in the year ended September 30 last. Turnover in Scotland increased by more than 100 per cent.

This forecast is contained in the chairman's annual statement, which also records the formation of Channel Road Services Ltd. to take over operation of their Continental ferry trailers. A new company, Williams Hay's Holdings Ltd., has been formed to strengthen their transport links with the Continent. But vehicles engaged largely on London dock work have suffered from delays, and operating results, although improved, are far from satisfactory.

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