MILKMEN AT LAW.
THE DEVONPORT CASE. At the continuation of the action between John William Naylor (Mr. Luxford) and Arthur John Rowe (Mr Tolhuret), two Devonport milkmen, at the Supreme Court yesterday afternoon his Honor expressed his satisfaction that proof had been established that defendant and his wife had purchased the business, and both had notice of the restrictive covenants. Defendant Rowe ha-d contended that he had not had notice of these covenants which prohibited him selling milk for delivery or delivering it and also bound him to purchase his supplies from plaintiff. Mr. Luxford'contenderl that defendant could be restrained by injunction from making a breach of the covenant. Mr. Tolhurst submitted that there was no contractual relationship between the parties, and that there was no agreement in writing to satisfy the Statute of Frauds, which was necessary in covenants dealing with restraint of trade. Decision was reserved.
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Auckland Star, Volume LIII, Issue 104, 4 May 1922, Page 8
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148MILKMEN AT LAW. Auckland Star, Volume LIII, Issue 104, 4 May 1922, Page 8
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