FACTORY AND SUPPLIER.

King Country Chronicle, Volume VII, Issue 556, 5 April 1913, Page 5

FACTORY AND SUPPLIER.

IMPORTANT COURT DECISION. A highly important fase to dairy factories and suppliers was heard at Te Kuiti last court day when the Ohura Co-oprative Dairy Factory Co., Ltd., sued James Christenßen for failure to supply to the factory according to contract. The sum of £6O was claimed as damages for breach of contract, and a further sum of £l3 3b 6d balance due on share calls. Mr Finlay (Te Kuiti) appeared for plaintiffs, and Mr Burgess (Coromandel) tor defendant.

Defendant was one of the original guarantors, and helped to start the factory. He supplied for a time but subsequently left the district. The action was really in the nature of a test case, a number of other original suppliers having defaulted in respect to their guarantee. Various legal points were raised and were dealt with exhaustively by counsel. As far as the claim was concerned the amount of £6O for breach of contract was reduced seeing that defendant had supplied by deputy under an agreement the amount claimed for the season 1911-12 being £ls. After hearing evidence and legal argument his Worship, Mr E. Rawsorc, reserved judgment. The written judgment has now been received, ana is in favour of the plaintiff company for £ls for breach of contract and costs. The effect of the judgment is to affirm the liability of all the original guarantors, and the position of the company is strengthened as compared with what has been the case in the past. At the conclusion of the hearing his Worship complimeted counsel on the manner in which the case had been handled It is worthy of note that Mr Burgess came all the way from Coromandel to defend the case, and that Mr Northcroft, of Hamilton, was to have appeared for the plaintiff company. Only on the morning of the case Mr Finlay was instructed by Mr Northrcoft to appear on plaintiff's behalf.