LATE DELIVERY OF A LATHE

Dominion, Volume 14, Issue 272, 11 August 1921, Page 6

LATE DELIVERY OF A LATHE

ENGINEER'S CLAIM FOR DAMAGES. Reserved judgment was (delivered yesterday by Mr. E. Page. S.M., m the case of A. R. Farmer, engineer, of Hastings (Mr. H. F. O’Leary) v. Goodwill and Co., Wellington (Mr. J. 1. B. Stovcuson), a claim for 4183 7s. 6d. In October. 1919, ths defendants advised Farmer that they would import a lathe ot tho type ho required, and Farmer intimated that if in tho meantime he could sell his own laths he would take the new one. On March 1, 1920, Farmer advised defendants that ho had sold his lathe, and hod purchased another in Napier and would not require the new one. Jen days later he wrote stating that the machine he had bought was unsuitable, nnd a'sking when the lathe ordered in trie previous October would be available. The defendants replied fixing the price at 4215 for Wellington, and stating that delivery would (be about April 6. per s.s. Citv of Agra. On April U the defendants advised Farmer that the lathe lied been short shipped. The Magistrate held that it had been established thnt a contract was made for delivery on April 6. The plaintiff, however, took no reasonable stops to minimise any loss, mid had he done so his loss would have been very small. The ‘defendants offered him the choice of two lathes on loan, and agreed to pay railage on the one selected, nlso to allow Farmer the use of it free until the one ordered by him came to hand They also offered to sell him other lathes suitable for his purpose. The Magistrate assessed the damage at 45, and gave judgment for this amount, with costs 42 14s.