OHURA DAIRY FACTORY.

King Country Chronicle, Volume III, Issue 142, 25 March 1909, Page 5

OHURA DAIRY FACTORY.

Cut Against Settlers Noa-soiUd. Tbe test esse. Brash v. Settlers, was heard at the Tauroarunui S.M. Court on the 16th ult. Mr Norther oft, assisted by Mr Shortland, appeared for Mr Brash, and Mr Thos. Cotter of Auckland, for the settlers. Failing to arrange for one test ease it was decided to take alt the cases together. Mr T. de Vere Hunt, for the plaintiff, gave evidence as to meeting held at Matiere, at which Mr Brash was present. Heard Mr McCowan inform the meeting that he would not erect a factory for less than a guarantee of TOO cows, and understood that the two agreements were signed to ascertain the number of cows that would be guaranteed to either site. Understood by Mr MeGowans' statements to the meeting that if there was not a guarantee of TOO 1 cows to either site, there would be no factory and that the site that had the greatest number of _cows guaranteed would have the fac'aWy. Did not hear the exact number of eows for each site, but was told that Nibo Niho had the greatest. Mr McGowan and Bra-th came to witness next morning and asked if witness would sell Ave acres for a factory site. Witness ottered them 1 j acres, which they accented. The erection of the factory did not increase the value of bis farm 50 per cent., perhaps it did 10 per cent. Receiver! Matiere agreement from Mr McGowan. and canvassed for more eows. Did not then know that the factory would be erected for less than 700 cows. To the best of his belief witness did not remember Mr Sandison bringing the Niho Niho agreement on Bth of March. Was at the meeting on t&tfa March, when Mr Griffiths was present. Informed the meeting that Mr Hyde had received a telegram from McEwan and Co. to the effect that they intended going en with factory. Had not received any noticr from McEwan and Co. that, they intended to erect factory. Was only informed by Mr flyde. Received a telegram after the meeting from McEwan and Co. stating that they had the option to erect factory on either site. Have not received any notice or information from McEwan and Co. or Brash that they would erect the factory either then cr at any time since. To the best of his belief witness thought that the Matiere agreement was signed by Brash, but could not be sure. Mr Sandison. for plaintiff gave evidance of having been chairman of the meeting. Had read the agreement to the meeting, and Mr McGowan explained the different items. Agreements were to be signed, and Mr McGowan was to receive the one back that had the largest guarantee: the other one was to be destroyed at the meeting. Understood that a certain paragraph contained a provision that 700 cows was the minimum number that factory would be crectel on. Had read it, and understood it meant T&o cows or no factory. Understood now that it did not mean that. Recognised the letter produced stating that, to McEwan and Co., the Niho Niho agreement was incomplete, meaning that tbe guarantee of TOO cows was not reached. Did not send that letter with the intention of humbugging McEwan aid Co. To Mr Cotter: Considered Mr Hunt's evidence was practically correct. Witnessed the signing, and gave Niho Niho agreement to Mr McGowan wfien finished. It was stated by Mr McGowan that he would not erect a factory under TOO cows guaranteed; tike agreement {was signed on that ' understanding. Mangapapa settlers ; •ifned both agreements on the understanding that as McEwan and Co. were to collect the cream free of cost to either site, they would sign both so as to make up the number of cows. When the agreement was handed to Mr McGowan, the Matiere agreement contained a guarantee of about ISO, and Niho Niho 460 cows. Received a note from Mr McCowan next day asking return of Matiere agreement. Went to Matiere and exchanged agreements, Mr Hunt taking the Matiere agree- ; ment. Was informed by Mr McGowan that he had accepted an offer made by Matiere settlers, and had decided to erect factory at Matiere. Was chairman of meeting on 19th and from that meeting was instructed to send notice, produced, to McEwan and Co. Have itcpived two telegrams and two letters demanding agreement back. Had no authority from those that signed to return Matiere agreement to Mr McGowan. To the Magistrate: Wjrote notice to McEwan and Co. at Ongarue. ' Took a long time to consider it. D. J. McGowan, for plaintiff, gave evidence that meeting of 4th April was called by Mr Brasb. for whom he wat acting as agent. Explained conditions settles*.' Was not interested in factory, as bis firm do not own factories, only finance them, and it would be immaterial to them whether they financed the settlers on a co-operative basis, or Mr Brash. Their profit lay in handling of the produce. Did not receive the agreement from Mr Sandison at close of meeting. Knew that it would take a long time to get all the signatures in the district. Both agreements were to be returned, and Mr pjasb was then to decide on which, if trtfcer, be would act. 1 To Mt'Cotter: McEwan and Co. held three-fifths, and Brash two-tilths interest in "'actory. Was agent for Brash only during meeting on 4th April. Could not say if he had written instructions to that effect, fit or previous to |th April. Could not sbo-y jn eoxrespocticnce in which it was stated that bis firm was agent or in any way acting on behalf of Brash. Agreement stated that TOO eows were required before a factory was to be erected. Could not point out where it was so stated. The factory was to be erected on site where the largest number of cow* wefp gnaranteed. Could t&t s*o«r tum stated m agreement. Agreed to collect cream or milk from Mangapapa. Could not show that arrangment In either agreement. Expected milk to be taken to a depot in Managpapa. Tbis was not in the agreement. Did not know tbe number* of cpwsgt* agreements 9ft j»fApril. l>id hot receive tip Nibo Nitp agreement from Mr Sandison. P§4 got bave any conversation with any «f tbe M»tkre »e|tiers that night er jmt DM not tend % note

' to Mr Sandisoo next day. Did not have s ccmmlim with Mr Sandison, as be stated, next day. Would bave erected factory at Niho Niho if agreement ! been retormd. Had not taken any steps to compel Mr Sandison to ' return agreement. Considered that if 1790 cows were guaranteed Brasb would bave been under an obligation to erect a factory, but if less it was an option. Could not show where it was so stated in agreement. Mr Robinson, called for tbe defence, stated to bad bad a conversation with Mr Brash after the meeting at Matiere to form a Co-operative Co. Mr Brasb informed him that he did not intend proceeding with tbe factory. Mr Mobsman stated that be bad beard Mr Brash say to Mr Borr that they could not erect a factory on the number guaranteed. 260 or 262 cows. Had signed the Co-operative agreement after hearing this. Had signed Matiere agreement after reading the clause attached fry Mr McGowan, offering to build if 800 cows were guaranteed. Mr Peacock stated that Mr Brasb had informed him that if he did not get any more cows guaranteed be would not erect a factory. Mr Maimanche gave evidence that he signed alttt Mr McGowan had stated that he would not erect factory unless 760 cows were guaranteed, and had agreed to collect milk free of cost. Signed on the understanding that the factory was to be erected on tbe site obtaining tbe largest guarantee. Messrs Dunn and Coventry also gave evidence for the defence. Owing to tbe lateness of the hour the case was adjourned to Hamilton. On the case being cal led, Mr Northcroft applied for a non-suit, which was granted, Mr Brash to pay all costs.