PAEROA S.M. COURT.

Hauraki Plains Gazette, Volume XXXII, Issue 4327, 7 October 1921, Page 3

PAEROA S.M. COURT.

RESERVED DECISION GIVEN. BERTELSEN V. ENDEAN. Decision in the case of Bertelsen vEndean, claim for cartage, £5O, was given in the Paeroa S.M. Court today by Mr J. Salmon, S.M. His Worship said it was first necessary to consider ,t‘he nature of 1 the contract, and the authority given to Kerr. Kerr was manager, with full authority, and would entitle him to enter into, such a contract.. Kerr had endeavoured unsuccessfully to get others to .take th.e contract. He was satisfied that Kerr did not exceed his authority, and that Endean had fallen in with Kerr’s idea about getting the timber carted out. Defendant made a. point .that the contract was not shown in the books as a liability, but the matter had been dragging on for 18 months, and it was impossible to assess the amount of liability). There was no doubt in the minds of either Kerr or Collett that each was acting on behalf of his respective employer, Kerr for Endean and Collett for Bertelsen. In regard to the time, two months, it was not stated on the memorandum that time ,w,as ,the essence of the contract; it would be ridiculous to assume otherwise in view of the fact that both parties Had gone on with the work after the two, months were up. The defence sought t.p show that plaintiff, made a good thing out of? the contract, but this w r as irrelevant. A contract was made, and broken. The amount or claim, £5O, was a reasonable one, and judgment would be given for the plaintiff accordingly, with costs ,£8 17s, ’