SECRET COMMISSION ACT.
ALLEGED INFRINGEMENT. IPBBSS ASSOCIATION TELEGRAM.; WELLINGTON, November 20. In a written judgment, Mr Page, S.M., has decided against Laery and Co. on the points raised in the action arising out of the sale of Samoan bananas, which was brought by the Government under the Secret Commissions Act, and sends the case on to the Supreme Court for trial. In regard to the defence oi' custom or usage, Mr Page says that for usage of this sort to be imputed in a contract such as was made between the Government and defendant it must have acquired such notoriety in the branch of the trade, or amongst the class of persons affected by it, and that any person m _ that branch, or class, who entered into the contract must be deemed to have done so with the intention that usage should form part of the contract and must not offend against the intention of any legislative enactment. Mr Page also decided that there was evidence to go before a jury in respect of the charges under the Act governing auction sales.
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Press, Volume LXVI, Issue 20091, 21 November 1930, Page 16
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182SECRET COMMISSION ACT. Press, Volume LXVI, Issue 20091, 21 November 1930, Page 16
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