CIVIL ACTIONS

Dominion, Volume 11, Issue 291, 28 August 1918, Page 8

CIVIL ACTIONS

TERMS OP AN AGREEMENT. Reserved judgment was delivered by Mr. IV. U, Kiddeli, tj.Ai., in the euso in which JMlvrin iloliiiiKS, accountant, of nellmgton, ciaimed mo sum of £i 0 from the iiealandia, jiiotor lumorling Company, Ltd., of Wellington, for services allured to have been rendered in counectiou with the importation of motor-cars. Tho plaintill was a liii'tiber ol' the company, lint, subsequently of his interest. Under an agreement tne company was stated !° pay Hollings the sum ot jjjO for services rendered in respect or tne asi-iicy, importation, and sale of Commonwealth motor-oars.

Ilia \\ orslup said that the plalntiß had rendered services to tlic defendant company to the estimated value of £50, but the payment was subject to somo condition about which there was a conflict of evidence. J'ho directors of the company said the iVjney was payable after the sale ul lOOVars. utile tho plaintllf produced an agreement, signed Uv tile chairman, statins that tne amount was to bo paid on May 1, 1918, Prior to July, 1917 the directors iiad not fixed the data or the condition under which the £50 was to ue paid to plaintiff, and it was Questionable il one director had power to consent to tho conditions without the approval of tho other directors of tho company. There was no evidence that tho directors ever delegated tlieir powers to the chairman for the purpose of carrying on the company's business, or for tho special purpose of enteviv-r into and executing tiie agreement. Tlie Court was unable to hold that the agreement or the conditions set out. in it were binding on the company.

Plaintiff iv&s nonsuited, with £2 2s. costs.

At the hearing, Mr. T. Neave appeared for the rdaintil! and Mr. \V. F. Ward for the defendant.

EXCHANGE OF MILK CAliTfi. A claim lor £15. damages for loss or business, anil alleged broach of warranty, was made by IV. A. Jiosevear, milk vendor. of Wellington, acainst B. Elliott, also a milk vendor. The caw. which was heard by Mr. P. V. Fraxer. 8.M., arose out of the exchange of two milk carts. Jtr. Y. I). Williß appeared for the nlaintifl, and Jlr. ,1. J[. Dale for tho defendant. I'laiiitill set out that ho agreed to exchange his cart, wluch he valued at £24, for defendant's cart, which was valued at £14, and £10 in cash. Ilie contract was completed, hut plaintiff claimed that I lie defendant's cart was worth not more than £4. As a consequence ho hail to hire another vehicle, and had suffered a loss in business. The defence wa.s a denial of tho plaintin's statements, and Mr. Dale submitted that a non-suit should be entered. His Worship was not satisfied that-plain-tiff had proved his case, and he entered a non-suit.

COLI/ISION BETWEEN MOTOH-CAES. A collision which occurred between two motor-cars near Featherstou on Januarv 1. Wl7, formed the suhicct of a case, in which Kenneth Kennedy, taxi-proprietor, of Wellington, proceeded acyinst ilavold W. Brown, wino merchant, or Wellington, on a claim for £l(i (id. for damages alleßcd to have been incurred by liia car

as a result of defendant's car crashing into it. . , , . Mr. A. W. Blair appeared for plaintiff, and defendant was represented by Mr. J. J. M'Gratli. Tho accident occurred alter the Tauherenikau Eaces on iho date in question, and was alleged to bo due to tlie negligent driving of defendant s cjir. The defence alleged that there was contributory negligence on tho part of the plnintill. , , Mr F V. I'razcr, S.M., considered plaintiff was entitled to recover, and gave judgment for him for the amount claimed, with costs. POSSESSION or A TENEMENT. \da Golding was ordered to pay £8 10s., with costs £1 165., to Thomas Joseph Cox, and to deliver up possession o[ a tenement, by September 4. UNDEFENDED CASES. Judgment by default was given for plaintills hr Mr. liiddell in the following undefended civil cases Hugh Cooke v. William Golding £1 55., costs 175.; Leonard Arthur Line v. John William l'almor, I'i 145., costs 125.; Hallenstein Bros., Ltd., v. P. MMCechnie, £1 7s. 10(1., costs 55.: .T. S. Elliolt v. Louis Etevenaux, 10s., costs only; "K.'A. Times" Company v. Fred. Herring, £35 10s., cosls £2 145.; Mj Bros.. Ltd., v. I<\ Butcher. £18 10s., costs £1 10s. 6d.: same v. T. E. Waters, £15, costs £1 12s. 6d. JUDGMENT SUMMONS. On a judgment summons, l'atrick Lundon was ordered to pay James Dodgers Foitcr Ihe sum of £11 12s. 6d. by instalments of 10s. a month. WAIRAItAPA NEWS 4 Tho Director of Agriculture (Dr. iieaKe.s) visited the proposed training farm for soldiers at the 'liiratabi a tow days ago. lit! will report to tlie Minister in due course. A schools loontball iou.'uameiit between tcaius representing Wellington, Wanganui, Alanawatu, and NViurarapa will ope nat Caitertou ou Saturday next.

The Claims Board of ilia Wairarapa Patriotic Association, acting ou advice from the president of tlie Lieigian JLiofugees Fund in London, has decided to diseontiuo its monthly ;;raut of £10.

'J'lio snowstorm experienced a few weeks back has Jiad the effect of ridding gardens of snails and other pests.

Cabled advice has beea. received that a Wairarapa forward dug-out in Franco, known as "Wairanpa Pozzie, I '' which was bi>it; conducted by Mr. S. V. Parsonson for tho benefit of the men, has beon destroyed by shell-fire. A deputation from the Featherston branch of tlio Wairarnpu Patriotic Association waited upon the Claims Board in Masterton on Monday in support, of a proposal to establish a fund for the purpose of paying tho fees of medical and denial officers appointed in each centre of tlie associations' district to attend tho wives and dependants of YVnirar.ipa soldiers. It ("as decided to tefer the matter to tho executive of tho association, which meets on Thursday.

A squad of Kclburn Boy Scouts will visit Castlepoint tliis weak.