A POTATO TRANSACTION

Pukekohe & Waiuku Times, Volume 6, Issue 269, 24 April 1917, Page 1

A POTATO TRANSACTION

Magi sterial Proceedings

At the Pukekohe Magistrate's Court last Thursday before Mr F. V. Frazer, S.M., the hearing was commenced of an action in which Mr Joseph Glasgow, farmer, of Tuakau, claimed from Messrs Frank Perkins & Co., merchants of Pukekohe, the sum of £IOO 4s 7d in respect of 13 tons, 15cwt and 2qrs. potatoes said to have been sold and delivered to Messrs Perkins on or about January 16th last at the rate of £7 5s per ton.

Mr A. K. Graham appeared for the plaintiff and Mr J. G. Haddow represented the defendants. At the outset Mr Haddow intimated that the question of agency would be disputed. The first witness called was the plaintiff who deposed that about January 15th he "had some potatoes injhis paddock. He knew Mr Northmore, storekeeper of Tuakau, and had done business with him before. He asked Mr Northmore if he could take the potatoes and he said " no," but would do his best to dispose of them for him. Mr Northmore added that he would wire firms for prices and he went through the paddock and inspected the potatoes. The next morning Mr Northmore said that Messrs Perkins & Co were offering £7 ss, which was a bit low but was the best he could get. He (plaintiff) said he would accept the price. The potatoes were to bo delivered at Tuakau. Mr Northmore stated that they were a splendid sample of potatoes and he was quite satisfied to take them on Messrs Perkins' behalf. Mr Northmore said from the first that he was acting as Messrs Perkins' agent and that he would take them as Messrs Perkins' agent. Some of the potatoes were bagged up, but the bags were unsown and open for inspection. Mr Northmore went about half over the paddock and was satisfied. Mr Northmore said he would take two trucks, and if any were left over, up to three tons, he would take them himself. Nothing was said about a guarantee. He had known of no cases where potatoes were guaranteed except as to variety. About three or four days later Mr Northmore had informed him that the potatoes had gone down to the wharf and did not pass inspection. He asked him (plaintiff) what he would do about it and he said " absolutely nothing. I' m done with the potatoes, they are not mine." Mr Northmore told him the potatoes were a firstclass sample except for the rust. The weather was hot and potatoes would be inclined to sweat under a heavy canvas covering in trucks. It had been an exceptionally wet season and it was to be expected that there would be a lot of rotten potatoes in every crop. The rotten potatoes were left on the ground. Charles Thomas Beehal, stationmaster of Tuakau, gave evidence as to two trucks of potatoes being consigned in January last to Auckland. The potatoes were received on January 16th and were despatched by the 8 0 a.m. train on January 18tb. Cross-examined : A consignment note was presented by Messrs Lapwood on January 16th but it was withdrawn by Mr Northmore's in structions who said he had taken the potatoes over, and witness believed he said " on behalf of Perkins and Co." The delay in changing consignment notes meant 24 hours demurrage. He charged the demurrage to the Tuakau Supplies Stores, but Mr Northmore saw him and said that the amount should be chargedjto Perkins & Co. As Per-

kins' name was not shown on the consignment note he advised Mr Northmore that he could not recognise Perkins'.

William Henry Northmore deposed that he was the manager of the Tuakau Supply Store, Ltd., and also director. Fart of his business was buying and selling potatoes. After the plaintiff had asked him to buy the potatoes he rang up Mr Perkins at Pukekohe and Mr Perkins asked him to go to the paddock to see the potatoes and to offer Mr Glasgow on his behalf £7 5s per ton f.o.r. Tuakau, if the potatoes were as good as represented. Mr Perkins further said that if he (witness) made the deal he would give him 2£ per cent or 5s per ton commission Witness went to the paddock to look at the potatoes. He was satisfied with two rows he saw and with 20 filled sacks, as a sample, and he made the offer of £7 5s which plaintiff accepted. He returned to his store and advised Mr Perkins. He subsequently consigned the potatoes on telephoned instructions received from Mr Perkins.—Cross-examined : He told Mr Perkins that the potatoes were a good sample. He did not rely on plaintiff's word as to goodness of sample but saw for himself that they were good looking and well grown. On January 17th he received a 'phone message from Messrs Perkins telling him j where to consign but he could not say who spoke, although he thought it was Mr Perkins himself. He did not consider himself Glasgow's agent and did not charge Glasgow a commission. He told Glasgow that Mr Perkins had advised him that the potatoes had been condemned for rust and Glasgow said they had gone out of his hands.

At this stage the hearing was adjourned until Thursday, May 3rd.