SUPREME COURT

Dominion, Volume 9, Issue 2826, 18 July 1916, Page 7

SUPREME COURT

THE MOTOR-CAR AGENCY CASK.

The further hearing of tho evidence in the caso of L. F. Wallis and Co., Ltd., of Wellington, a claim of ,£9875 from tho Dominion Molor Vehicles, Ltd. (C. B. Norwood, managing director), for alleged breach of contract, was continued bot'ore His Honour tho Chief Jusiice, Sir Robert Stout, at tho Supremo Court yesterday morning, and continued tho whole of the day. It was tho defendant's side that was. put forward muinly, Snil Sir John Findlay's statement of defence was supported by Mr. D. M. Findlay. Tho defendants, it was stated, by counsel, did not deny that an agreement had been entered into Letween the plaintiffs and ■ tho defendants whereby an agency-for Chevrolet cars over the middle district was granted to plaintiffs on tho terms equal to 20 per cent., and 2J per cent, on the business done by .plaintiffs; but this agreement, it was contended, was subject to alteration or termination upon any alteration being made between defendants and their principals, the makers of the Chevrolet cars in New York. An agreoment was made on October 7, 1915, and on February 15, 1916, the existing agency of the defendant company was determined "in pursuanco of a universal principle adopted by tho Chevrolet Motor Company of New York (Incorporated) limiting the profits of agents to 20 per ceni. net on the selling 'pride." A conference of the parties to the caso before the Court was then held, and the right to vary tho contract was denied by tlio plaintiffs, who contended that the agreement made no such provision. Tho defendant company, however, held that they wero entitled to terminate the agreement if no practicable arrangement to overcome tho difficulty oreated over the commission could 1)6 arrived at between the plaintiff and the defendant companies. As no such arrangement was come to tho defendant company resolved to carry out the agreement and suffer the loss that would be involved in supplying cars to plaintiff company in terms of such agreement. The plaintiff company, however, "treated tho agreement as broken bv defendants, and prevented, it : . was alleged, the fulfilment of tho agreement by bringing on tho present action. _ The'evidence in support of this defence occupied the whole of yesterday, and at ! the rising of the Court His Honour said ho would adjourn the case sine die, ,as tho leading counsel, Sir John Findlay, K.C., and Mr. C. P. Skerrett, K.C., were engaged in a case , that would take some days at the Palmerston North. Supreme Court.