BROKEN CONTRACT.
ABRAHAM LEVY FINED £SO. NOTICE OF APPEAL GIVEN. Welling! on, Yesterday. In the Magistrate’s Court (his afternoon, Air L. G. Reid, S.AL, gave judgment in the case in which the Crown had proceeded against Abraham Levy for a breach of his contract to supply uniforms for members of the New Zealand Expeditionarv Force.
in giving judgment Ills Worship quoted the regulations as already set out. He had already ruled out (ho point dial (hey were ultra vire. The defence raised was practically one of ignorance. Against dial: they had the'fact that (he specifications were produced to the tenderer, and (danse 4 laid down the use of linen thread. The defendant himself signed the contract. Later on he was written to by the Department regarding the matter, and the evidence went to show that the defendant received it, and that he produced it to one of the witnesses. His Worship found on the evidence that the defendant was guilty of the charge. The only other question was as to the penalty. It seemed to him impossible to say (hat a person could accept the conditions of a, tender and sign a contract and have his attention drawn particularly to the alleged breach, and yet he ignorant. The plea of ignorance could not be sustained. The maximum penalty was £IOO. He (his Worship) took into consideration the fact that it was given in evidence that defendant’s contract had been discontinued, and that a, large number of garments were left on his hands. He would impose a penalty 'of £SO and costs. Mr Macassey asked for an adjournment in the other informations.
Mr Gray said that the facts were the same. He submitted that it would savour of' persecution to go on with the other prosecutions. Defendant would June a great many thousands of garments thrown back on his hands.
Mr Macassey said he did not propose to reply to his friend’s remarks at (lie present stage.
Mr Cray intimated that there would be an appeal against his Worship's decision. Security for appeal was fixed at £75.
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https://paperspast.natlib.govt.nz/newspapers/MH19160905.2.14
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Manawatu Herald, Volume XXXVIII, Issue 1606, 5 September 1916, Page 3
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346BROKEN CONTRACT. Manawatu Herald, Volume XXXVIII, Issue 1606, 5 September 1916, Page 3
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