BOWSER PUMP.

Auckland Star, Volume LVIII, Issue 128, 2 June 1927, Page 9

BOWSER PUMP.

— ■ » COir or INSTALLATION. AX APPEAL DISMISSED. Rescrwd judgment has been delivered by Mr. Justice licrdmaii in the ca&e in which John \V. Henley, motor and general engineer of Auckland, appealed against the derision of Mr. E. C. Cutten, •S.M., in the action he had with M. Howies, plumber and sheet metal worker, of Auckland, in reepeot to the installation of a bow*cr pump. The facts were that a man acting as the representative of Bowser and Co. called upon the appellant early in 1926 and persuaded him to purchase a. bowser pump for £250. According to Henley his arrangement wan that his total liability for the pump and installation should not exceed £2SO. He did not authorise the agent to go to Bowles and arrange for the installation | of the pump. The parties intended that the installation cost should bo £30, but it proved to be £SO. and Henley claimed that he was liable to pay the former amount only. Bowles, on the other hand, claimed that his liability was £118.

His Honor said he was not prepared to say the magistrate was wrong in hie conclusions in respect to the case, despite the fact that the agent had not been called to give evidence. The caw? was not a sat it. factory mw, l.ut he thought on tlie facts proved the magistrate «a.< entitled to hold that Henley was liable for the sum for which he p:<ve judgment. The appeal was accordingly dismissed.