SETTLEMENT ADVISED

Sun (Auckland), Volume III, Issue 910, 1 March 1930, Page 10

SETTLEMENT ADVISED

CLAIMS OVER JAFFA ORANGES “RIDICULOUS” SAYS JUDGE A settlement of the claim for damages, arising out of a contract for the importation of Jaffa. oranges, brought by Joseph Heinrich Heimaipt against Kudlcy and Company, was suggested by Mr. Justice Herdman in the Supreme Court yesterday afternoon. Heimann, a Havelock orchardistjj claimed £ SCO damages from Radiev and Company, whom he alleged hail committed a breach of duty as an agent, in disclosing information concerning tho importation of the fruit. He also sought to recover £ll6 commission wrongly charged and £23S for various other wrongful charges. Denying the allegations, Radley and Company counter-claimed £lB3 for loss of commission on 1.466 cases of oranges, and £290 for loss through Heimann’s refusal to allow defendant! to sell the oranges under the contract. Mr. Quartley and Mr. Anderson appeared for plain till' and Mr. Johnstone and Mr. Mackay for defendant firm. G. S. Radley, managing director of the defendant firm, detailed tire arrangements he made to finance the shipments of oranges, the first of which contained a lot from a Palestine merchant on consignment. Heimann refused to pay the cool storage charge of 9d a case on the ground that it waa excessive, and would not allow the fruit to be properly repacked on arrival. The fruit had shrunk, but Heimann insisted on only the same number being repacked in each case. Heimann finally took the selling out of witness’s hands. The hearing was adjourned until llonday.