MILKING ON SHARES.

Manawatu Herald, Volume XXXVI, Issue 1276, 25 July 1914, Page 3

MILKING ON SHARES.

DISAGREEMENT BETWEEN

PARTIES

At the Magistrate’s Court yesterday, Whiti Rapana (Mr Moore) proceeded against Harry Whitlow (Mr Cooper) to recover the sum of £ig 19s id, alleged to be due under a verbal agreement in connection with share-milking. The defendant filed a counter claim for ,£75 alleged damages.

. From the evidence it appears that an arrangement was come to between the parties in July of last year, whereby plaintiff was to supply the necessary land and cows and defendant to do the milking and all other work, and the proceeds from the sale of milk and calves was to be equally divided between the parties.

Whiti Rapana, in evidence, stated that as a result of this agreement he purchased 12 cows from H. Easton at ,£4 10s each, payment for same to be made by instalments from the money received for the milk. When they first started defendant made butter, but witness was not claiming any share of this, as he was not able to ascertain how much was received for the butter sold. Witness was to receive half of the milk cheque every month, but was never paid a penny. He had asked defendant for his share, but he had refused to pay. He denied that he had arranged with Whitlow to keep all the money and so be in a position to pay Easton for the cows at the end of March.

Hugh Easton stated that he sold plaintiff twelve cows, payment for which was to be made at the end of March, failing which witness was to take the cows back. Some time in February Whitlow offered witness ,£2O on account of the cows, but he (witness) refused to take it, as he was not dealing with Whitlow, and the arrangement was that the whole amount was to be paid or the cows returned. Edmund Pigott said that plaintiff spoke to him on March Qth in reference to milking his cows, and as a result of the conversation he went and saw Whitlow, and asked him what was wrong. Whitlow said he had had enough of it, and that witness could take the lot bar two. Witness told him that he didn’t want to interfere in the matter.

The defendant. Harry Whitlow, gave evidence as to the arrangement made between plaintiff and himself. During the time this arrangement was in force he had done a great amount of work on plaintiff’s land and had greatly improved it. There was a distinct agreement between plaintiff and himself that he (witness) should keep all the money recceived from the creamery until the end of March and to then pay Easton for the cows. Early in March he had made arrangements to mortgage his horses in order to get enough money to pay Easton. In February he had offered Easton on account but it was refused. Early in March, practically, without any notice whatever, Whiti took the cows away to Pigott to milk, thus breaking the agreement.

The Magistrate held that Whitlow broke the agreement by keeping Whiti’s share of the milk cheques and gave judgment for plaintiff for £l9 19s id with costs 28s, witnesses expenses £1 5s and solicitor £1 6s.