A CLAIM DISMISSED.

Taranaki Daily News, 13 September 1920, Page 8

A CLAIM DISMISSED.

RESERVED DECISION BY MAGISTRATE. Mt. T. A. B. Bailey, S.M., lias given his reserved decision in the matter concerning the action by the New Zealand Sawmillers' Company against John Harrison Robson. The judgment states: This is an application by the defendant to join the Tahora Land Co. as a defendant in the action, on the ground that the defendant when he sold the engine to the plaintiff, in respect of Which he is alleged to have made certain representations, which it is alleged were untrue, and in respect of which misrepresentation he is now being sued,' was acting as agent for the company which he now wishes to join as defendant. It appears from the evidence that the whole of the transactions between the parties in respect of the engine took place on the understanding on the part of the plaintiffs that they were dealing with the defendant as a principal, and that he was paid. It was not till after the plaintiffs wrote to the defendant in respect of the matters the subject of the present claim, that they heard that the plaintiff was only an agent. They have elected to sue the defendant, and though he may have a right of indemnity against his principals, that is no reason why the principals should be joined as a defendant, if the plaintiffs raise any objections. The rules under the ~<H,, or the Act itself, do not provide for what is known as third party procedure, which the present application is. The authorities are clear on this point. The application will be dismissed witli costs to the plaintiff.