BREACH OF CONTRACT.

Auckland Star, Volume LXI, Issue 229, 27 September 1930, Page 13

BREACH OF CONTRACT.

FARMER SUES MILKER. UNUSUAL TEST CASE. (From Our Own Correspondent.) MORRINSVILLE, Friday. A case of considerable interest to farmers was heard in the Morrinsville Magistrate's Court yesterday, when Percy Rushton, of Tatuanui, a farmer in a big way, claimed £10 from F._ M. Dodunski, farmworker, of Tatuanui, as damages for breach of contract. The magistrate awarded plaintiff £7 damages. Plaintiff's evidence was to the effect that on May G he advertised for a family to milk on his farm at Tatuanui and received over 20 replies. He interviewed defendant, and the parties came to an agreement whereby defendant was to receive £7 a week and one-third of the receipts from pigs. As the result of this he advertised advising applicants that the position was filled. Witness then received a letter frorii defendant advising that he had decided to take a position with a neighbouring farmer. In consequence of this he had to engage casual labour for a fortnight until he could get another family of milkers. Plaintiff stated that he was bringing this action as a test case. Defendant denied that he had contracted to work for plaintiff, saying he had l -merely asked to have the job kept open for him until he consulted his family. The magistrate, Mr. Wyvern Wilson, S.M., was satisfied that defendant had ! accepted Rushton's job and then managed to get the other farmer to offer £1 more. "He took a job at £7 a week and failed to give his employer a week's notice," added the magistrate. "I give judgment for £7, the amount of a week's wages, for breach of contract." Costs £3 8/6 were allowed.