SUPREME COURT

Dominion, Volume 12, Issue 142, 11 March 1919, Page 3

SUPREME COURT

MOTOR LORRY DEAL PLAINTIFF NONSUITED Ilis Honour Mr. Justice Edwards delivered his reserved judgment in the Supreme Court yesterday in the case of Joseph Brndshav, of Wnnganui; v. John Edward Fitzgerald, of Wellington. Bradshaw brought tho action to recover .£75.0 under -li contract 'entered into between the parties as the settlement of crossactions, then pending between them, arising out of tho sale by the defendant to the plaintiff of a Bessemer motor lorry. The defendant agreed to replace certain broken parts, and to repurchase the repaired machine for within threo months of the broken • parts reaching Wellington. The plaintiff claimed to lmvo delivered all' tho broken parts with' the exception of the 'main shaft, which could not be found, and tho defendant, it was alleged, agreed to have a main shaft made at plaintiff's expense, to avoid dolay. Plaintiff claimed that the .£750 was payable on December 3, 1918.' The defendant admitted tho contract, but denied that he agreed to have a main shaft made. The main shaft ,was delivered to hiin, but not until November 21, 1918, and that if the sum of i 750 became payable, then it becamo payable subsequent to the issue of the writ. His Honour, after reviewing the terms of .tho contract and the evidence tendered, and the points of law involved, held that the plaintiff had not established satisfactory proof that a contract on the part of the defendant had been entered into to have n main shaft made. The plaintiff was nonsuited with costs according to scale. At the hearing Mr. ,M. Myers appeared for the 1 plaintiff and Mr. A. W. Blair for the defendant.