TRANSACTION IN FEATHER DUSTERS

Dominion, Volume 12, Issue 5, 1 October 1919, Page 3

TRANSACTION IN FEATHER DUSTERS

JUDGMENT FOR PLAINTIFF. In the Supreme Court yesterday His Honour Mr. Justice Edwards delivered reserved judgment in the ease of Gibson and Paterson, Ltd., of Wanganui, against tlw Farmers' Co-operative Wholesale Perforation (N.J5.), Ltd., of Wellington.' The pluintift' company sold to defendants on November 1, 1918, fifty gross of feather dusters, terms.c.i.l., duty paid, Wellington. The plaintiffs received payment for all except 199 dozen, value .iM 18s. Oct., and claimed for this amount with costs.

i Tho defence was an admission of the contract and it was alleged that the goods should have lweii held by tho plaintiffs and disposed of by them in their own name and on their own responsibility .to the various fanners' cooperative associations in the South Island, in so tar as the plaintiffs failed so to dispose of such goods they should in their own name as vendors, and on their own , responsibility, obtain and fulfil orders front firms and companies other than the said. associations, conditionally upon a commission at the rate of 10 per cent, on sale prices being paid by plaintiff to the association in . whose district any tale .to any such firm ,or company was effected. Tho defendants also alleged that the plaintiffs wn'i'e to allow defendants a commission of 2$ per cent, on all sales, whether to such association or to other companies or firms, ;md that .defendants should not'iii any event be liable to take delivery of or pay for tho whole or any portion of such goods, Tho .defendants further alleged that i»s to .part of such goods the contract set up by! them had been carried out, and.that as to the remainder of «ui<h goods the plaintiii« 'wniiigtully and iii breach of • tho Contract, forwarded such remainder to, the defendants,' who repudiated liability ' or. responsibility- therciorl' As an alternative "defenco it was alleged lh;it if there were a contract for sale, the fmr- ' chase price was to be paid only as tho goods were sold to and paid for by third parties', that such sales were to be effected by plaintiffs; that the sum claimed by plaintiffs represented tho price oi' the unsolll portion of tho goods, and that therefore it was not due and payable. His Honour remarked that the defence did not disclose any consideration moving from the defendants to the plaintiffs to induce-tho latter to enter into a contract so extraordinary, and so niuc.li to tlifc disadvantage of the plaintiffs. After reviewing the evidence at some length His Honour held that plaintiffs had established their case, and judgment was given for plaintiffs for .£361 12s. Id., with At Hie hearing Mr. C. C. Hutton, of Waugamii, appeared for the plaintiffs and Mr. J3. P. Hay for defendants.