A MACHINERY DEAL.

Auckland Star, Volume LVI, Issue 215, 11 September 1925, Page 5

A MACHINERY DEAL.

——— W-~~ -> LOSER SUES AGENT. An unusual claim came before the Court yesterday, before Mr. E. C. Cutten, S.M., when Frank Victor Raymond, of Auckland, solicitor (Mr. A. C. Sexton), sought to recover from R. M. Aitken and Son, of Auckland, machinery dealers (Mr. Ray), the sum of £158 5/, the amount which he alleged he lost by reason of tin acceptance of a promissory not from Tholo, Limited (now in liquidation), by the defendants for the balance due in respect of the purchase of machinery. The plaintiff in evidence stated that in August, 1923, he had instructed the defendants to sell certain dredging machinery at Awanui for £450, half of which sum was to he paid in cash, and the balance to he secured to him. Tho defendants, he said, had not secured tho balance, hut had accepted a promissory note from the above company, backed by the directors. He stated that a custom existed in Auckland amongst machinery dealers that unpaid purchase money should be secured by bills of sale, and that the defendants had failed to do this as required. The defendants denied the existence of such a prevailing custom, and stated that the promissory note had been accepted with the sanction of the plaintiff, who had accepted it and later discounted it. His Worship held that it was quite clear-the defendants had acted.in perfect good faith in the matter. The plaintiff had accepted the note, and had waived any rights he may possibly have had at that time. Judgment was given for the defendants with costs £7 18/.