A Timber Deal.

Hokitika Guardian, 15 August 1922, Page 3

A Timber Deal.

GREYMOUTH, August 18. At the Magistrate’s Court yesterday, Mr IV. Meldrum, .S.M., dealt with a case, Alfred Graham and William Johnson (Hokitika) v. T. D. Lynch (Greymouth), in which plaintiffs made a claim for £B6, for alleged short payments on account of timber purchased. Mr Patterson for plaintiff, and J. W. Hannan for defendant. Alfred Graham produced a contract whereby defendant undertook to sell timber at the West Coast Sawmillers’ Association schedule rates loss commission of 0:1 Tier hundred super, feet. He protested against a reduction of two shillings pev hundred on shipment to Canterbury in July 1921, amounting to £6O: also a reduction of ono shilling per hundred on shipment to Auckland owing to increased freight charged by the Union Company at the time. Plaintiff claimed 'that the contract provided for purchase on f.o.b. basis, and that he (Graham) had nothing to do with allowances for rebate. ! E Stoop, formerly in tlio employ o Mark Sprot and Co., gave, evidence that tho rebate of fwo shillings mi tho Lyttelton shipment was made in accordance with tho Timber Company’s arrangement and that defendant had mstriicted his office here to notify suppliers of the extra shilling to he deducted'on the Auckland shipment. J D. Lynch admitted tlio contract, but denied owing any money to Graham and Johnson. The timber for Lyttelton was inferior and had been cut for some time and subsequently nftci a conference with a large meeting of the Sawmillers’ Association, it, with other supplies, with the consent of plaintiff, i was sold at a reduction of two shillings ' per hundred in order to clear it at the 1 time when the slump came. Ho elaim--1 ed that plaintiffs owed him £l7. i ,1. M. Bunt gave evidence and pro- ’ dueed statements that ho had offered ! Graham to call the account square on ' November sth. last, hut Graham would not agree to this; subsequently, he dis_ ' covered that two trucks which came j from Hokitika had been inadvertently j credited to Graham and Johnson, and ; this brought Graham’s account into ’ debit.

.1. W. C'allwell. secretary of the West Coast Timlier Association, stated that a committee of the Association had disposed of the timber at the price paid 1)v defendant to plaintiff; also that deductions and allowances were made from time to time, in accordance with trade custom after consignments reached their destination, when it was found that timlier was faulty or indifferent. E. R.iimlle. secretary of the Midland and other companies, gave corroborative evidence also as regards the Auckland shipment, whereon the extra height had to he paid. Win. Johnson, one of the then partners. was called by the defence and admitted lie bad done (lie most of the business with Mr Weaver, and that lie had I>cen notified of the allowance and informed Graham, who “went off.” He had always had fair dealings with defpndnnt and previous settlements njireed. Flo know nothing about this claim until a few weeks ago. and had given no consent to the use of his

name. Mr J. FT. Weaver, in oh nr pee of the timlier department of Mark Sprot and Co., stated he had advised all shippers of tho reduction in price on the Jtyttelton shipment before lifting the timber and upon receipt of a telegram from defendant at Auckland that the company’s steamer would not deliver the tioib-r. unless 7s Instead of 6s freight, advised nlaintiffs who had agreed and he never heard any more about it until lately.

Mr Hannan applied for a non-suit on t'v grounds that the partnership of Graliatr and Johnson had been dissolved usd Johnson’s interest having been sold, the purchaser of Johnson’s interest must, be joined as plaintiff unless the deed of dissolution which had not been produced to the Court, piovided for ’flu use of Johnston’s name in suing for accounts due to the old partnership. The Magistrate stated that ro far as the claim for £3O wag ronc'iwned lie was satisfied that must be disallowed, that he would adjourn decision for the balance of tho claim to enable production bv plaintiff of the dissolution of agreement.