PREACHED, NOT PRACTISED

Sun (Auckland), Volume IV, Issue 1031, 23 July 1930, Page 1

PREACHED, NOT PRACTISED

TEACHERS’ DISPUTE OVER CORRESPONDENCE COURSES CHIEF JUSTICE’S DECISION “It is the case of two apparently reputable men who started out to teach teachers and others how to conduct their business and not practising what I assume they preached in their lessons." This comment was made by the Chief Justice in the Supreme Court today. In delivering his decision In the cross claims by a retired headmaster, Robert Theodor© Reid, of Otahuhu, and a Whangarei schoolteacher. lan B. Macken, over a correspondence course for teachers, known as “Business in Education.”

An application by Reid for the taking of accounts between himself and Macken over the work he had done organising the “Business In Education” system was granted by his Honour In his judgment. Likewise, the judge granted the injunction applied for by Macken to restrain Reid from acting independently as representative of “Business in Education” and from promoting the sales of stationery connected with the organisation. Mr. Chalmers appeared for the plaintiff and Mr. Trimmer for the defendant. Continuing his evidence, Reid* said that in February last, tlje business arrangement between Macken and himself was rearranged, witness carrying on portion of the business under the title of the “Educational Supplies Association.” On account of the confusion of the concerns, however, witness was placed at a great disadvantage. CLAIM FOR COMMISSION The defendant Macken stated that he engaged Reid on a basis of 20 per cent, commission on sales and later this was altered on Reid’s demand to a payment of £1 a day, on the understanding that that wiped out all other demands except commission on orders actually booked by Reid. Later Reid claimed commission which defendant declined to recognise. A complete statement of accounts between himself and Reid had never been made up to any particular point, Macken stated. “If you had sent an account and dealt with the matter properly you probably would not have been in trouble,” commented his Honour. Continuing his evidence, Macken stated that all representatives of the 8.1. E., including Reid, were to receive 20 per cent, commission on their own sales, and after 12 months’ service they were to be paid 20 per cent, on indirect sales in their territory. On the publication of the teachers' “Monthly Guide” sales immediately increased He advised Reid that if he worked for witness in 1930 he would be on commission only. At this stage Reid suggested he should take over the stationery part of the business for what profit he could make. The Education Department prohibited canvassers plying their wares at schools, but Reid was granted special permission to enter schools with his educational supplies. "ALMOST WRECKED" On learning that Reid differed from him over the terms of the verbal agreement, witness told Reid that he had almost wrecked the 8.1. E. by his insistent and unfair demands on its resources. “I doubt,” Macken wrote, “if 80 per cent, of the money paid out to you has been warranted by results.” Witness would not agree that up to the end of 1928, the 8.1. E. had made a profit of £1,173. Delivering his decision, his Honour said the whole litigation had been caused through the parties not choosing to do what he and most other people consider most essential in business—to record and sign important business contracts. He acquitted both parties of any dishonesty or having improper motives,