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Former Miss Bermuda wins court battle over Rolex

that resulted in an expensive Rolex watch being sold for the wrong price.He was hearing a breach-of-contract claim lodged in Supreme Court by former Miss Bermuda and top amateur golfer Mrs. Madeline Joell Warren.

that resulted in an expensive Rolex watch being sold for the wrong price.

He was hearing a breach-of-contract claim lodged in Supreme Court by former Miss Bermuda and top amateur golfer Mrs. Madeline Joell Warren.

In November, 1992, the court heard, Mrs. Warren went to Crisson's to buy her husband a Rolex. The store was advertising a watch sale, offering customers a $50 voucher for every $500 spent.

She looked at a diamond-face watch for $12,800 and a plain-face watch for $11,000, which would have netted $1,100 worth of vouchers. She decided on the latter.

Mrs. Warren gave the store a deposit of $3,000 and was given a receipt. On December 14 she returned to the store for the watch but was given the $12,800 diamond-face watch with the understanding she could return it on another day to select a face piece and have it fitted. She was also to receive a refund of the difference, which was $1,800.

Mrs. Warren decided to go ahead with the option and wrote the store a cheque for $9,800, having already paid $3,000. When she returned on December 18, she enquired about the cost of extra links and was told there was no charge. She then selected a plain face for the watch and left it to be fitted.

Mrs. Warren was subsequently telephoned and told there would be no $1,800 refund and that the two links, in fact, would cost $240 each.

She was willing to pay for the links, but would not accept the $740 refund the store was offering.

It was revealed by the manager that the diamond-face watch had been incorrectly priced and should have been sold at $13,135, while the plain-face watch should have been priced at $12,060. After further arguments, manager Mr.

G. McLarnon took back the watch and returned Mrs. Warren's $12,800.

The manager also demanded the return of a $200 wooden box and leather note pad that accompanied the watch. Mrs. Warren never returned the items.

Represented by Mr. Mark Diel, she sued the store, seeking damages for breach of contract. Crisson's, represented by Mr Trevor Moniz, counter claimed for $200.

Acting Puisne Judge the Hon. Justice Meerabux yesterday ruled in Mrs. Warren's favour saying Crisson's had admitted making a mistake over the price and there was no evidence the plaintiff contributed to that mistake.

He further found that one of the terms of the agreement between Mrs. Warren and the store was $1,800 would be refunded upon return of the diamond-face watch to be refitted with a plain face.

And he said Crisson's failed to establish to the court that the wooden box and leather pad that came with the watch had a value of $200.

"I order that the plaintiff be awarded damages in the sum of $1,100 which the plaintiff would have received in vouchers had the defendant performed the contract,'' he said. He ordered the defendant to pay Mrs. Warren's legal costs.