DISPROVED HIS OWN CASE

Dominion, Volume 21, Issue 131, 2 March 1928, Page 6

DISPROVED HIS OWN CASE

CLAIM FOR XC34 FAILS. Alleging a breach of contract in respect to certain advertising work done by him, Frederick Fabian asked Mr. Justice MacGregor in the Supreme Court yesterday to award him the sum of £634, 2s. Gd. "from Bmily Kate Alderson, of Wellington. Plaintiff, who was without counsel, said that in April, 1926, he had entered upon a contract with defendant in connection with canvassing for advertisements for “Lloyd’s Directory” and “The Australian and New Zealand Trade Register.” The contract, which was a verbal one, should have still been in existence, for plaintiff was engaged to do the work until he had finished his territory. He bad been dismissed without cause, however, and suffered loss of wages and profit he otherwise would have made. The sum lie claimed was for various breaches of the contract. Under cross-examination by Mr. P. S. K. Dlacassey, who represented defendant, Fabian denied that his position was only a day to day one and that it could be terminated at any time. The only other witness called for Fabian was another advertising canvasser who had been working for the same business firm as the plaintiff. He stated that Fabian had a position the same ns his own, which could be terminated at any time. It was really a day to day position. Mr. P. S. K. Macassey asked for judgment on the ground that defendant had not proved a contract and that he had been extremely vague as to the nature of the agreement. Fabian’s own witness had disproved plaintiff’s own contention by stating that the position was a day to day one. Assuming, however, that the agreement had been established, then the defendant was under no legal obligation because she was purely an agent in the matter who had given Fabian the position. Without calling on the defence,-' His Honour upheld the contentions of Dlr. Macassey, saving that it seemed to him that plaintiff’s witness had disproved his own case. Judgment would accordingly be given for the defendant with, costs.