A DISPUTED ORDER.

Auckland Star, Volume LII, Issue 281, 25 November 1921, Page 8

A DISPUTED ORDER.

DOORS FOR A HOUSE. The question as to whether doors ordered for a house were for the ;buil'der or for the owner had to 'be decided b.V Mr. J. \V. Poynton, -S.II. C. H. Frankham (Mr. CWhtU) sued C. W. Newbegin (Mr. Selwyn Mays) to recover £25 14/3 balance of account for goods supplied. The point was whether doors ordered by Mr. Newbegin for a house that was ibeing built for Mm (by one Uw, should ibo charged to the contractor or defendant! Air. Xewbegin denied having ordered the goods for himself. The evidence showed the good's were in the first instance charged to defendant, Ibut he subsequently called at the office alii pot the girl to charge the g-ooda to Law. That, however, was done without coiiiMiiHino; the head of the firm, who now claimed payment from Mr. Xewbegin.

•Mr. Poynton paid two points were involved. In cases like tiiis the first na-nie entered on the book must be accepted. In tiiis ease it was two months later when Mr. Xcwbegin <rot the girl to alter the name on the 'books. The second ground was that the alteration of the name on the book was dona without consideration, and without consultation. Three parties hod to 'be considered, the o-hl dobtor, bhe new debtor, and thq creditor. ]n this case there was no consent, to the alteration of the name on the books iiy the throe parties. Judgment was given for plaiintiil' for the amount claimed, v.ith costs.