CLAIM FOR DAMAGES.

Auckland Star, Volume LXIII, Issue 284, 30 November 1932, Page 8

CLAIM FOR DAMAGES.

FIRM DENIES LIABILITY. SPECIAL BOTTLES ORDERED. The claim for £2053 damages brought by the Australian Glass Manufacturers Com pan}', Ltd., Penrose, against Auckland Products, Ltd., of Auckland, and Vacuum Products, Ltd., of Wellington, was before Mr. Justice Smith at the Supreme Court all day yesterday, and was continued this morning. The plaintiffs' claim is based on an alleged breach of contract concerning the manufacture and sale to the defendants of certain specially-branded bottles ordered. Mr. Barrowclough appears for the plaintiffs, Mr. Leary for Auckland Products, Ltd., and Mr. McCormick, of Wellington, for Vacuum Products, Ltd., of Wellington. The evidence for plaintiffs was that the bottles were ordered by the representative of Auckland Products, Ltd., on behalf of themselves and Vacuum Products, Ltd., but the contract was only signed by the representative of Auckland Products, Ltd., although it was understood by all the parties that the order was given on behalf of both : firms. Auckland Products, Ltd., admitted liability, but Vacuum Products, Ltd., denied liability, also that they had entered into any contract as alleged. Because of this denial Auckland Products, Ltd., brought an action against Vacuum Products, Ltd., seeking to have the latter made a party to the contract and thus responsible for a share of the liability. The number of bottles ordered and manufactured was 2000 gross. Both actions are being heard together.