SALE OF A LAUNCH.

Taranaki Daily News, Volume XLVII, Issue 81905, 18 December 1906, Page 2

SALE OF A LAUNCH.

DISPUTED ITEIIS. \ On Monday Mr T. Hutchison, S.M., delivered his reserved decision in the case James Williamson, storekeeper, of Waitara, v. Samuel Kirkpatrick. jam manufacturer, of Nelson. j\i the hearing *,h- Townsend appeared for the, r>; ia iutiff and Mr Hoy'for t^ e ; <lcf *Jmhuit. The claim was Jor the balance due upon the, % a lc, of an oil launch called the "O'jeen of Beauty." The defendant "counterclaimed for £22 8/8 and. had paid the dill'ercuce between clavni and counterclaim into Court. The Magistrate said the question, therefore, was what, if anything, wa|S due upon the counter-claim. The livst item was for a sum of £l7 10s alleged to pay defendant as commission at the time of the sale of the launch. The contract set out the price of the lauucn at £701). The vessel was to pass the Marine inspector; to be delivered in .Nelson harbour by April 10th, I'JOU; and to be inspected and have a livst class certificate."

The defendant's evidence, (continued the S.iU.) was that' subsequent to the sale, the plaintill' agreed to allow him a rebate of iy„ per cent towards putting new tops upon the engine)', which required repairing. Plaintiff's evidence, however, was that he promised to allow the defendant 2'/., per cent provided he had no commission to pay on the sale. As a mutter of fact he was obliged to pay a commission to an agent, so that his promise never became cll'eetive.

The K.M.. .said lie was absolved from deciding questions of fact. Either the defendant attempted to sot up an inadmissible variation of the written contract; or if the , agreement, or promise, which Uio parties both tostilied to was tq be riigfil'ded as a subsequent indonendimt; contract it millilied any jneviniw arrangement. Tho defendant also counterelainied for £i IS/fi as an arrangement paid by him to satisfy 11... requirements of the Marine ])■ ;• -. - :t before the Department w 'il. >v:iver the certificate for the launch. The Department's requisition for converting the dinghy into a life boat, The s.M. decided against the defendant on this item, as the condition.-) stipulated that the launch was to oass the .Marino Inspector and be delivered in'! Nelson, were both complied with, also, the launch had the highest class of certificate as the evidence of Mr Dalryniple, marine inspector, who examined the boat at Waitara, showed. The independent power exercised bv the Marine Department, ;vs beyond I lie Survey of the ilarine .Inspector, in no way allected the agreement, which plamtiir had fully complin." with. ""'

liolh it,™ of the counterclaim M'lo disallowed, and judgment ..ive-i l '">" l!l " l'l«intiir for Xti ft. lid" Ihe ••mount m dispute, with costs ",„.„. portionallv. '