CLAIM FOR £550

Sun (Auckland), Volume IV, Issue 1059, 25 August 1930, Page 16

CLAIM FOR £550

ACTION AGAINST EX-PARTNER An undefended claim for £550 by Albert Oxenham, of Papakura, against Robert Sommerville Ingram, who was formerly his partner in a farming venture at Hunua, was heard by Mr. Justice Herdman in the Supreme Court this morning. The plaintiff gave evidence that he entered into a verbal agreement with Ingram in July 1928, for the working of defendant’s farm at Hunua. He invested at least £550, for which lie had no receipts, in the venture, from which he was to receive 50 per cent, of the proceeds, or if the property was sold, one-third of the profits above the amount of the mortgages. The partnership was dissolved in October, 1928, however, Ingram giving an undertaking to repay to witness the £ 550 when the farm, or ony portion of it, was sold. At the end of September last year, Ingram sold a portion of the farm, but had not honoured his undertaking. Letters from the defendant were produced, showing that he admitted the liability for the £550 capital to plaintiff, but denied that interest as from the end of September was payable, as Oxenham had waived interest payments on the amount up till the time the property was disposed of. Mr. Fleming, for the plaintiff, contended that interest at the rate of five per cent, was payable on the amount claimed.

His Honour stated that plaintiff was entitled to judgment for the £550, but he would not decide the liability for interest until counsel submitted authorities.