PURCHASE OF MACHINERY

Sun (Auckland), Volume II, Issue 414, 24 July 1928, Page 13

PURCHASE OF MACHINERY

QUESTION OF WARRANTIES CASE BEFORE FULL COURT Press Association. WELLINGTON, To-day. The Full Court to-day heard the case of William Cable and Co., Ltd., plaintiff, v. Teagle, Smith and Co., Ltd., defendant. On the Bench were Mr. Justice Sim, Mr. Justice Reed and Mr. Justice Smith. For plaintiff, Mr. J. F. B. Stevenson appeared, and My. Cooke for the defendant. The case, was interesting from the point of procedure in which the application was made by the defendant company to issue a third-party notice against the company carrying on business in England. The facts leading to this application were that the plaintiff •company purchased from the defendant certain machinery which was alleged to be defective and not in accordance with warranties given. Negotiations failing, a writ of summons was accordingly issued against defendant claiming the sum of £1,363 17s 9d. On receipt of this the defendant company applied to the court for leave to issue a third-party notice against the Atlas Engineering Company. a company carrying on a manufacturing business in England from whom the defendant company had originally purchased the machinery. This application came before Mr. Justice Smith and was dismissed. The defendant company is now appealing to the Full Court for review of this decision. For the applicant it is alleged that irreparable injury would be caused to the defendant company if leave to issue this notice were refused, the plaintiff company on the other hand, contending that the issue of such notice would mean a delay of approximately 12 months in bringing this case to trial. The court reserved its decision.