SHAREMILKERS' CONTRACT.

Taranaki Daily News, 7 December 1922, Page 2

SHAREMILKERS' CONTRACT.

A CASE IN APPEAL. An appeal from a decision by Mr. A. M. Mowlem, S.M., at Eltham, was brought before His Honor Mr. Justice Chapman, at the Supreme Court at New Plymouth yesterday afternoon. In the lower court, Thomas James Allen and his wife took action against Edward Forrester and another, as executors of the will of R. Best, claiming £lOO damages for alleged wrongful dismissal. For the plaintiffs it was contended that they had entered into a contract to do sharemilking for Best on his farm at Toko, but that, on the morning on which they went on to the farm, Best died. Forrester, as executor of the will, had come out on to the farm and had given the plaintiffs instructions as to some work that was necessary,' but at the end of that month had given Allen and his wife a. week’s notice, paying them £l5 15s. The plaintiffs claimed that the contract entered into with Best had been renewed by the executors and judgment for £25 was given for them. Against this decision Forrester and his co-executors appealed. Mr. L. M. Moss, instructed by Mr. A. Chrystal, appeared for the appellants, and Mr. L. A. Taylor for the respondents. Mr. Moss contended that the original contract with Best had died with him and that that contract had not been renewed by the executors. If they had entered into any fresh contract with Allen and his wife, they had been paid for the services they had rendered, by the £l5 15s which had been paid them. Mr. Taylor contended that the action of the executors in assigning work to the respondents at the farm renewed the contract, and therefore they were entitled to have the judgment awarded them in the lower court upheld. His Honor reserved his decision.