A POTATO TRANSACTION

Pukekohe & Waiuku Times, Volume 6, Issue 283, 12 June 1917, Page 4

A POTATO TRANSACTION

Further evidence was taken at the Pukekohe Magistrate's Court last Thursday before Mr F. V. Frazer, 8.M., in the adjourned action in which Mr Joseph Glasgow, farmer, of Tuakau, claims from Messrs Frank Perkins and Co., merchants, of Pukekoho, 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. R. Graham again appeared for the plaintiff and Mr J. G. Haddow represented the defendants. The evidence previously given, it will be remembered, was to the effect that the potatoes, which were subsequently condemned in Auckland and their shipping stopped, were purchased by Mr W. H. Northmore, manager of the Tuakau Supply Stores, acting for the defendants but Mr Northmore's authority to act as agent for Messrs Perkins was contested,

William Hy. Northmore (recalled for cross-examination) said, in answer to Mr Haddow, that the plaintiff had told him he had 14 or 15 tons of potatoes to sell and that he would like him to try and sell them for him and that they were the finest sample he had ever grown. He had no recollection of saying he purchased the potatoes on plaintiff's description without seeing them.

Re-examined, the witness said he explained to plaintiff that he was simply Mr Perkins'(agent. He saw the defendant and Mr Haddow on Saturday, April 7th, and Mr Perkins said that if he acknowledged the purchasing of the potatoes on behalf of his (witness') firm the case would be quickly settled. Mr Perkins said he would stand the costs and it would be nothing out of his (witness') pocket. refused. Until Mr Haddow wrote him on April 16th, he did not know that the defence was that he was the purchaser.

Further cross-examined: In Mr Haddow's office Mr Perkins said he would stand all expenses. He never acquiesced in the suggestion that Mr Perkins had bought from his firm nor did he contradict it.

Allan Smith, potato grower, of Tuakau, deposed that it was not usual to give a warranty with potatoes, ne was working in plaintiff's potato field and he saw the potatoes and considered them a good sample. He was with plaintiff when Mr Northmore called and said that the potatoes had been condemned. Mr Northmore stated that Mr Perkins had asked him to see the grower and to ask him what was to be djgpo with the potatoes. Mr Glasgow said lie considered he had nothing to do with them once they were delivered at the railway, and refused to take any responsibility. Mr Northmore said he was not responsible as he was merely Mr Perkins' agent. Plaintiff then produced a wire from the Farmers' Union offering £8 per ton for the potatoes and he showed it to Mr Northmore. The latter asked if he did not think it a good idea to send the potatoes there but Mr Glasgow said he would not take any further responsibility. Cross-examined : He judged the quality of the potatoes by looking at them. He did not cut any of them.

This closed the caso for the plaintiff and before calling evidence for the defence Mr Haddow moved for a nonsuit on tho ground that no agency had been disclosed. Mr Northmore's statements, he urged, were vague and did not show definite appointment as agent. Mr Graham, in reply, relied on Mr Perkins' offer to pay Mr Northmoro a commission. All his actions, ho claimed, bore out the suggestion of agency. The Magistrate held that a prima facie case of agency had been made out, and the defence would have to disprove it. Mr Haddow then called

Frank Perkins, who deposed that he was a member of the firm of Messrs Frank Perkins and Co. He remembered Mr Northmore ringing him up on a Tuesday morning and asking what was the price of potatoes and he told him £7 10s per ton for best quality. Northmore told him he thought he could buy two trucks at £7 5s per ton. Witness , asked him what the quality was like. He did not remember the exact reply, but it was to the effect that according to the farmer it was the best sample that bad ever left Tua- ! kau. He said that if the sample i was as good as that he would give J£7 10s per ton fo.r Tuakau. i Some little time after this Northj more rang him up again and ! said he would accept his offer. : About the end of the week he was ! informed that the potatoes were ! rejected. Fie told Northmore and j Northmore said ho would see tho | grower, Glasgow. That was the first time he had heard Glasgow's name mentioned. About half an j hour later Northmore rang him up to 1 fay that Glasgow went off a ! treat and flourished a telegram '■ and said something to the j effect that it was an old dodge lof Perkins and to turn the potaj toes over to the Farmers' Union. ' He got a cheque from tho Farmers' Union and sent it back to thorn saying that tho proceeds belonged to Glasgow. He took Northmore to Mr Uaddow's office. It was quite clear between them that he bought from Northmore's firm. Ho (Peihins) said that quite plainly, and Northmore did not deny it Njithmore .said no muro than that ho had boon lnislod as to tho quality of tho potatoes. Ho practically said that Glasgow " had had" him. lie (wituess) never suggested that Northmore should say what was not tiui. The question of agency whs not mentioned. iJe went to Tuakau on tho Sunday prior to tho previous hearing to sod Northmore, who said he had ascor- ; taincd f.om tho pickers that ho had boon "had " Ho got Mr toady to run him over to Tuakau, together with Mr Jackson, his foreman. Tho ' discussion was to tho effect that j Northmore was satisfied as to what pickers had said and that he was pick of potatoes. Northmore then told him that Glasgow wanted him to sell the potatoes and that Glasgow j had said that they were " ['rime and sublime and divine," and all that was good. Northmore added j that he took Glasgow's word without inspecting the potatoes.

John Joseph Coady, of Pukekohe, corroborated as to the interview Mr Perkins had with Northmore as mentioned in the former's evidence. Further hearing was adjourned until the 21st inst.