DAMAGES CLAIMED

Sun (Auckland), Volume III, Issue 908, 27 February 1930, Page 13

DAMAGES CLAIMED

IMPORTATION OF JAFFA ORANGES DISPUTE OVER CONTRACT Consignments of Jaffa Oranges imported direct to New Zealand under a contract between an orebardist 'and an Auckland fruit importing firm led to big claims and counter-claims for damages. The action was heard byMr. Justice Herdman in the Supreme Court today. The action was brought by Joseph Heinrich Heimann (Mr. Quartley and Mr. Anderson) against Radley and Co. (Mr. Johnstone and Mr. Maekay). The claim included £ll6 commission allegedly wrongly charged, £238 for other alleged wrongful charges, and £BOO general damages for loss through the defendant firm’s alleged breach of duty as an agent. Radley and Co. counter-claimed £lB3 loss of commission on 1,460 cases of oranges, and £290 loss through plaintiff’s alleged refusal to allow the firm to sell tho oranges. After interesting Radley and Co. in a scheme for the importation of Jaffa oranges, said Mr. Quartley, Heimann, a Havelock orchardist, visited Jaffa, and arranged for shipments of the fruit to New Zealand and Australia. In November, 1927, Heimann and Radley and Co. entered Into a contract for light weekly shipments to Auckland, and 1,000 cases were ordered. It was alleged, counsel said, that Radley, who had been given certain information by Heimann, had passed this on to one of the defendant’s firm’s employees, in conjunction with whom defendant used to bring in shipments of fruit in competition with oranges imported by Heimann. Counsel claimed that the defendant firm had not acted fairly in introducing 750 cases of oranges at a time when Heimann had imported 1,000 eases.

(Proceeding.)