LATE ARRIVAL OF A LATHE

Dominion, Volume 14, Issue 266, 4 August 1921, Page 6

LATE ARRIVAL OF A LATHE

AND A CLAIM FOR DAMAGES. Mr. E. Page, S.M., yesterday afternoon Heard tho case of A. IL Farmer, engineer, Hastings (Mr. H. F. O’Leary), against Goodwill and Co. engineers and Reporters, Wellington (Air. J. J l '. BStevenson), a claim to recover damages tor non-delivery of a lathe. Tho plaintiff, who was doing motor repair work at Hastings, ordered a lathe from the defendants, and the machine should have arrived in blew Zealand by lhe City of Agra from the United States in April, ,f 320. ’the lathe was, however, short shipped, and did not arrive until August, 1920. The plaintiff alleged that he wns without a latho from April to August, and had to make use -jf the lathe belonging to another firm; also that in July he was forced out of business through the non-delivery of the machine He therefore claimed £B3 7s. as special damages for loss of work, etc., and £lOO general damages for the loss of his business. The defendants denied that ic was through any fault of theirs that tho lathe was short shipped from America. Gn the non-arrival of tho latbo tho defendants offered tho plaintiff the choice of three lathes on loan, freo of charge, until the ono from America should arrive. It was further alleged by the defendants that any one of tho three lathes would have enabled the plaintiff to keep his business going. The defendants further denied that tho plaintiff hnd suffered any damage. Decision was reserved.