MAGISTERIAL DECISIONS.

Auckland Star, Volume LI, Issue 77, 30 March 1920, Page 7

MAGISTERIAL DECISIONS.

CLAIM ANT) COUNTER-CLAIM. Judgment was given a' the Magistrate's Court this morning,' when E. B. Lain;; (Mr. Inder) claimed from .lames Taylor (Mr. Singer) the sum of £6S j 17/3. for value given under a milking j contract. The defendant counter-claimed I £60 6,'R for alleged breaches of the same contract. The Magistrate. M. E. C. Cutt<>n. P.M., gave-judgment for plaintiff on the claim j for £M 0/11, with costs, and for the I I plaintiff on the counter claim with co=ts. ! i _ CLAIM , FOR COMMISSION. i ! Judsrment was also given by Mr. Cut-; ;tcn. S.M.. in a ca.=e in which George, Hunt (Mr. McLiver). claimed from Messrs. Whiteombe and Tombs. Ltd. (Mr. Horrocks), the sum of about £11, bein<; certain commission and the price of nn [advertisement in*rtion eaid to be due 'to the plaintiff. j In this case the plaintiff had bi'ii instructed by a Mr. McLeod to do certain' ;Tvork, which Mr. McLeod was unable toi ido himself. Mr. McleVid had entered! i'if> nn advertising contract with the defendants and, although the plaintiff actually did the work in connection vrith thp enn+rnrt. yet. a? the fact that Me-, Leod had given the contract to the plain--tiff had Jiot been. commuDicatpd to the; defendali* and therefore there was no| privity of contract, the magistrate said !'"ii hn reliintantlj- had to decide that; the plaintiff could not succeed. j He therefore irave judgment for defendant with costs. '■