NO RIGHT TO SUE
CONTRACT NOT ASSIGNABLE ACTION OVER LAMP-SHADES The reserved decision of Mr. Justice Smith in the action in which Ernest H. Little and E. Tolley sued A. Beal Pritchett (N.Z.), Ltd., in liquidation, for £1,186 damages for alleged breach of a £5,000 contract to buy silk lampshades, was delivered in the Supreme Court yesterday afternoon. Previously his Honour held that the contract with Beal Pritchett, which was transferred to Little when he bought the business from Tolley, was not legally assignable, as there was a personal element in the contract between manufacturer and distributor. Judgment for the defendant firm was given in the action by Little. In deciding whether Tolley had any right to recover against the defendant firm, his Honour said he was satisfied there was no arrangement that Tolley should sue as a pa.rty, but his name had merely been lent as the possible holder of a bare legal right as assignor of the contract. Judgment was therefore entered for the defendant against both plaintiffs.
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https://paperspast.natlib.govt.nz/newspapers/SUNAK19291218.2.33
Bibliographic details
Sun (Auckland), Volume III, Issue 849, 18 December 1929, Page 6
Word Count
170NO RIGHT TO SUE Sun (Auckland), Volume III, Issue 849, 18 December 1929, Page 6
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