ORDER FOR RESTRAINT

Dominion, Volume 19, Issue 286, 17 August 1926, Page 4

ORDER FOR RESTRAINT

AGENT’S SALE OF FLAX OR AFFORESTATION BONDS. BY TBLEGBAPH.—PRESS ASSOCIATION. Auckland, August 16. In the Supreme Court to-day Mr. Justice Stringer delivered judgment in an action by Flax Lands Development, Ltd., against Herbert S. Joll, to restrain defendant from interesting himself in the sale of flax or afforestation bonds other than plaintiff’s. By a written agreement, Joll and one Murch were appointed sole agents for the sale of flax bonds within a specified area for six months. One of the terms was that the agents would not interest themselves in the sale of the securities of any other company. It was not disputed that defendant, contrary to this stipulation, had accepted employment by an afforestation company and sold its bonds. His Honour said that the defences raised were that the agreement was not binding because it had been aignel by defendant when drunk, that the Court should leave plaintiff to the comm-.n law remedy, and that the restriction was void as being an unreasonable restraint of trade. Defendant had failed to establish the first defence. While he cutud not compel defendant to do what ho ought in performance of the contract, His Honour thought it just and proper that Joll should be restrained from du ing what he had expressly agreed not to do,'and ordered that during the remainder of the currency of the ag.ee ment Joll be restrained from interesting himself in the sale of vny flax 01 afforestation securities other than plami'ff’s