MAGISTRATE'S COURT.

Taranaki Daily News, Volume LVII, Issue 298, 26 May 1915, Page 3

MAGISTRATE'S COURT.

CIVIL SITTINGS. At the Magistrate's Court yesterday civil business was dealt with by Mr. A. Crooke, S.M, Judgment by default was given in the following eases: West and Sons (Mr. A. R. Standish) v. H. T. J'oll, £2O l(is (kl, costs £2 145.; ] C. W. Williams (Mr. A. Bewluy) v. William Jacob, .Co is Hid, costs £1 (is; Taranaki County Council (Mr. Hon. Quiiliam) v. .1. K. Lovatt, £l7 1-1 s lid, costs £1 ids (id; Johnston Bros. (Mr. 1). liutchen) v. \V. M. Bell. £1 Is, costs ss; A. Sliutlleworth (Mr. If. K. Billing) v. i Herbert W, Butler, £-1 Ills, costs 12s; I W. Little (Mr. A. Johnstone) v. \Y. Brocklebank. £(}, costs £1 3s (id. A judgment summons was granted in the claim of Fitzell and Shaw (Mr. A. 11. Johnstone) v. William McAiium, £.!, costs £1 lis costs, to be paid forthwith, or in default four days' imprisonment. CLAIM FOR. GOODS SUPPLIED. ; , J. Blyth (Mr. R. C. Hughes) v. A. I!. Waldie (Mr. A. R. Stannish) was a 1 claim for £l2 Ss incurred liv defend- : ant's wife, but Mr. Hughes said as |m j-'-understood defendant pleaded the stilt- j ' ute of limitations as a deed of legal separation had been secured, and therefore 1 the claim could not succeed. ; ; Mr. Stannish said there was a separa- .. tion between the parties about eight years ago, and the fact had been public- | ly notified that defendant would not ' be responsible for his wife's debts. Defendant was prepared to waive the qucs- ' tion of costs. ' Judgment was given for defendant ;without costs. DISPUTE OVER MILKING MACHINE. The International Harvester Company j 1 (Mr. 11. R. Billing) sued F. J. Cowling, of Oka to (Mr. A. H. Johnstone), for £lfe for the sale and cost of preparing ■ for the erection of a milking machine i plant. Mr. Billing said the action had arisen in connection with a Zealandia Milking Machine, which Cowling gave one of the company's agents an order for, and j which was to have been erected on the liitli September. There was some delay in delivery, and while the machine was at the New Plymouth defendant wrote suggesting an alteration of the contract. Three days later he wrote cancelling liis order, but on the agent calling on him 1 he. withdrew his cancellation. The ] plaintiff company then sent up a mini ■ to prepare for the installation of the j machine. While he was engaged on this work the agent of this l'eid Milking • Machine Company arrived, and after a conversation \yith him the defendant in- | formed company's employee that he had! decided to instal a Reid machine in place of the Zealandia. He locked the gates on his property against the lorry engaged to convey the Zealandia milking, plant to the property* and eventually had a Reid machine and plant installed. The. company claimed some compensation for the work they had done, ahd for the defendant's failure to complete j his part of the contract. ; Christian A. .T. Eandrup, district manager for the company, gave evidence that he obtained the order for the machine from defendant. The company only undertook to deliver the machine at Wellington, Auckland, Christchurch, and Dunedin, but for the convenience of customers they had depots in various parts of the country. Notwithstanding that some parts came from nearer places, all customers were charged freight from Wellington in order to secure a uniform price to all customers throughout the country. lie went to Cowling's with Sagar and Sims, two of the company's men, who took their tools with them to put the plant in. When he met Cowling the latter said he had bought another machine. They talked the matter over, and he again agreed to take the Zealandia and cancel the other order. They I together made some measurements for \ some further alterations to enable them to put the machine in. Defendant show- j ed him where he could get timber and gravel for the foundations for the pump and engine shed, and Sagar commenced this work. When he left Cowling told | him to get the plant sent out as soon !as possible. The plant was consigned to Cowling, but on his refusing to acI ccpt the delivery the carter, Roebuck, j of Okato, took it back, to that phiee, [ where it still remained. The cost of selli ing machines was somewhat heavy. In answer to Mr. Johnstone, witness said he did not know that Cowling was in negotiation with the Reid Company for a machine, but knew that he proposed to instal some other plant. He did not receive Sagar's telephone message that he had been stopped until the day after he instructed Roebuck, on behalf of. Cowling, to deliver the machine from I New Plymouth to Cowling's. Of the I | £ IGG general damages a portion was on i account of loss of possible business I along the coast to the extent of six or | seven machines. The company had to j tuke'ont a portion of a machine supplied] I to W. Honeyiicld as the shed was not j I suitable. Joseph Rims, of Hawcra, and Arthur Sagart of Hawera, employees of the Harvester Company, gave evidence in sup-' port of the plaintiffs. Mr. Johnstone said defendant was a farmer, who purchased some little time ago a bush farm at Timaru, on the Upper Carrington Road. He had a considerable number of cows on his place, and some time in August last year he decided to put .in a milking machine. During that month he gave a tentative order to the Reid Company for a machine. Being in some way indebted to C. Iloneyfield, Honeyfield persuaded Cowling that the Zealandia was a satisfactory machine. Randrup then went out and secured the order.

J. Cowling said lie decided last year to put in a milking machine, and gave the Keid Company a tentative order, but later, on C. Iloneyfield's recommendation, lie decided to put in a Zealandia if it could be put in in good time. Bat it did not arrive, and after making several inquiries he wired cancelling his order for a Zealandia, and ordered tlio Held to be sent along. He could not wait, as lie was unable to milk all his cows by hand. Then Sims visited him and told him that the Zealandia could not be put in for a week. He refused to take the machine under the circuni - stances. Randrup came to see him and endeavored to force the plant on him, stating that if he would not accept deI livery they would leave it in his paddock, and he would have to pay for it. | Tn his conversations with Randrup and Honeyfield he, made it perfectly clear that he was urgently in need of the machine. Tn answer to the Magistrate, witness said he did not read the agreement he signed. Mr. Johnstone said such asrreements were seldom read. They would never be allowed to sign it ill the presence of a solicitor. I Mr. Billing: ITe made no inquiries to discover whether the plant had arrived or not, not being very anxious. He did not care whether he had it or not. !Te did not fetch the machine from New Plymouth because there waa no one 1 there to instal it. The case, was adjourned until next Tuesday.