CLAIM FAILS.

Auckland Star, Volume LXII, Issue 282, 28 November 1931, Page 11

CLAIM FAILS.

£10,000 FOR FURNISHINGS.

TONGARIRO CHATEAU CASE

VERDICT FOR DEFENDANTS.

(By Telegraph.—Press Association.)

CHRISTCHURCH, this day.

Mr. Justice Kennedy's reserved judgment in the case in which A. J. White, Limited, Christchurch, claimed £10,000 from the Mount Cook Tourist Company, Ltd., in respect" of the supply of furnishings for Chateau Tongariro, is in favour of defendants, with costs.

In his judgment, after reviewing the evidence, Mr. Justice Kennedy says: "I conclude that the Tourist Company did' plainly 'disclose itself as being the customer and that Mr. G'Connell, of tho plaintiff company, though he chose to address his letters as he did, knew full well that he was dealing on'behalf of plaintiff with the. Tongariro Cdnipany and that it was the Tongariro Company and not the Mount Cook Company, or both companies, which desired to do • business with plaintiff. "Plaintiff, through Mr. O'Connell, did in fact extend credit to the Tongariro Company itself and not to the Mount Cook Company or to both. Plaintiff's claim accordingly fails."

The plaintiff firm claimed that in supplying goods to the order of the Tongariro Tourist Company (subsequently in liquidation), they were led to-believe that the Mount Cook Tourist Company was accepting responsibility. N