The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-14
'THEAUfOMODILE WORM TURNS
DCNN'S mrs NAME. HE USED
TO ne THE RAGNMAkER.

what nses ne No nut Go % law over o
Gsruas's &~Vzir mut-Ansl Wnaa ts~es
Sse Get mat ~ .00W Damages Iserauss
They Fasaa HI1s ear ter ths nih.
Ono Of tho hest known worms now
adayu-an automobile owner-has turned
and has been upheld in tn turning by the
sureme Court Of the State Of New Jersey.
A jury in that court yesterday returned
~ it's owner n car held by a garage con
Germ on n mechanics lien 20 collect a
charge that the ownsr said was sNces-
sive. and gave the owner damages be-
sides.
Elias Bound Dunn. now a manufacture
% vacuum machinery at y Trinity place
and formerly q dealer In low pTsss0.e
areas and other meteorological supplies
on top OF the American Surety Building.
10 the man who had the courage 90 stand
up before the repairInan and assert
his rights. On september "a last Mr..
Dunn took his automobile. valued with
accessories &C about 5000. TO the 0ree0-
halgh Engine and Machine Works. az
$50 Central avenue. Newark. TO b repaired.
The engine people said that the job would
cost between 500 and t7sO. and %. the
court held. a verbal contract was en-
tered into for the car 20 be put In shape
for that sum. when Mr.. Dunn went TO
get the car he was told that the bill was
S2s7 aS He objected to the charge. but
tried the machine and found that 10 did
not run at all satisfactorily. 90 he returned
i and the company ankered WITH T"
further.
After two or three experiences 81 the
kind the repair people declared that they
would not lot the car 20 out again. even
for testing. until they had been paid.
Mr. Dunn offered; according 70 ms ies-
or not the car had been put in running
order to a third party. an expert, with
the aRrosEnsnt that IL this expert said
the machine was all right Mr.. Dunn would
pay the full bill. even though u did ex-
cesd the amount first mentioned. This
proposition. il was brought out, the re-
pair people declined and held on TO the car.
In November Mr.. Dunn brought an ao-
ton OF replevin IN the New Jersey Su-
preme Court Judge Worran y. Noun
tain Of the Law firm OF Raymond. Noun
tain a Van BlArcom Of Newark acting
a. his attorney. When the evidence
WAS I'm Justice Adams charged the jury
that IL the defendant had agreed To over
haul the car and put IL in good condition
for a certain amount Of money and had
failed 90 keep the contract and refused
20 deliver the ar until payment was
made the plaintiff should recover. II
the Jury found that the defendants had
submitted bill for a greater amount
than was agreed upon. the Court charged.
this amounted Ia a waiver and the de-
PENDANTS thereby lost their right to a lien.
The Jury decided that not only should
the plaintiff have his machine back but
granted him damages. 10 the amount
% ~ .Os7.2I. which Includes interest On
the value of the car since its rctentaon
by tho defendants. And now Mr. Dunn's
lawyer tells him that II the repair people
want even the $3.50 originally agreed upon
they will have "a sue for it. and II the ma
chine doesn't run all right he can have
10 repaired and sue the GreenhAlEh people
for the hill. and finally, Il the car has de-
tsriorRted in any way while held by the
repair people Mr.. Dunn can sue for dam
Ages on that score.