PLANTS THAT DIED.

Pukekohe & Waiuku Times, Volume 2, Issue 105, 27 June 1913, Page 2

PLANTS THAT DIED.

A Claim That Failed.

In the Auckland Magistrate's Cuurt on Wednesday a linn of auctioned, E. A. Perkins and Company (Mr J. H. Gregory), sued William Braithwaite and Alex. Finlay, of Buckland (Mr A, M. Goulding), on a claim for £2 12s Bd, for shrubs alleged to have been sold and delivered. Evidence for the paintilfs was to the effect that Finlay came into their premises in the City Market, in July last, and ordered 200 plants, at 25s per 100, to be sent to Braithwaite, at Buckland. It transpired that the plants had never been claimed at the Buckland station, an.! had died, thus becoming valueless.

Braithwaite,|one of the defendants. denied that he had ever given Finlay any authority to give more than i 5? per 100 I'or the plants, and Finlay, in his turn, denied having ordered them. He said he had a«ked the price, but that he had given no order.

The Magistrate (Mr C. C. Kettle, 8.M.) said that plaintitf'a claim against the deftndant Braithwaite mu3t fail, as the limit of 15s had not been adhered to, even if an order was made. The onus of proof lay on plaintiffs, and His Worship stated that he was rot quite satisfied that their version of the affair was a correct one, They would therefore be non-suited, with costs.