CLAIM FOR £90.

Wairarapa Age, Volume XXXII, Issue 9639, 3 November 1909, Page 6

CLAIM FOR £9O.

A MASTERTON CASE. Dr McArthur, S.M., was engage! for several hours at the Wellington S.M. Court yesterday, hearing a claim for £9O made by Liggins and Froggatt, of Birmingham, England, manufacturers, against William P. Shaw, of Masterton, the claim being based on an indent order given by defendant to a firm in Wellington, trading as P. R. Russell and Co., manufacturers' agents. Mr Dix appeared tor plaintiffs, and lVlr G. H. Cullen, of Masterton, for defendant. P. R. Russell gave evidence as to defendant having ordered the goods through the firm's traveller, Mr Moore, since deceased. Witness said that the goodd had description, and plaintiff's draft had been forwarded on to defendant, who refused to honour it. The gooas were reasonably priced, and to witness' knowledge there was no reason why the defendant should repudiate the draft and decline to receive the goods. i ' - Mr Cullen,'in opening, 'raised hon suit points on the ground that the statement of claim did not satisfy the requirements of the Act as to sufficiency of detail; that no cause of action was shown to exist, and that plaintiffs were not shown to be sueing in the representative character of unnamed principals. The Magistrate reserved his decision on these points. W. F. Shaw, defendant, in evidence, said he was distinctly promised by Mr Moore copies of the manufacturers' invoices and catalogues, and that the arrangement was that he was to pay 5 per cent, advance on the " manufacturers' charges, and the invoices and catalogues were to be the basis of the price of the goods. These he had not received. Witness also swore that he never for a moment believed himself to be contractiug with plaintiffs as he had never heard th?ir name until some time after the contract was entered into.

The Court adjourned the case to the 16th inst.. the evidence being unfinished.