SUPREME COURT

Dominion, Volume 10, Issue 3176, 29 August 1917, Page 9

SUPREME COURT

CLAIM FOR DAMAGES

VERDICT FOR PLAINTIFF

His Honour Mr. Justice Hosking and a jury ot four yesterday htnrd a claim for £121) damages brought by H. F- Moss, Ltd., against Frederick William Adams, o£ Blenheim, ironmonger. Sir. It. P. O'Leary appeared Cor the plaintill company, unci Mr. T. Noavo for the defendant.

. Mr. O'lioary said that, tlie claim was for damages for breach of agreement. The plaintiff company were tlio sole agents for tho Success Hand Vacuum Cleaner, made l>y an American (Inn called the HutchiEon Manufacturing Company. Adams entered into an agreement with the company to become their agent in the Marlborough district. The agreement provided that defendant should, over the period 1912-15. buy 100 machines from the company, but during the time epecified defendant failed to purchase more than twenty. When, about December. 1915. Moss. Ltd.. intimated that they expected him to lake the balance, defendant refused to do so. The claim of £120 was at tho ate of £1 10s. per machine, profit that tbe Moss Couinany were making on tho sales.

The defence was that the plaintiff acted only as agent for the Hutchison Manufacturing Co., and that any agreement was subject to confirmation. Before any confirmation ha'l been obtained, defendant withdrew from the arrangement. It, was further contended that plaintiff, as agent for the Hutchison Company, had no right to sue the defendant, and that false representations had been made to induce defendant, to enter into the contract.

The jury, after a short retirement, returned a verdict for the plaintiff for the full amount claimed.

Judgment wan entered accordingly, and the Court adjourned till to-day.