SUPREME COURT

Dominion, Volume 22, Issue 52, 24 November 1928, Page 7

SUPREME COURT

DISPUTE OVER BUS BODY.

Palmerston North, .November 22. .Claiming the sum of £222 17s. for work allegedly done, Thomas Hoker and Frederick John Healing, carriage and motor body builders, of Feilding, proceeded .against Magnus Motors, Ltd., in the Supreme Court this afternoon. In the statement of claim it was set out that plaintiffs were engaged to build a motor bus body for defendants, to be fitted to a certain chassis. The work was completed about July 18, 1928, and certain extras ordered were also done, defendants taking delivery of the motor bus on July 19, 1928. Defendants had agreed to pay for the work £222 175., but defendants refused to pay the amount or part thereof, wherefore plaintiffs claimed for the sum mentioned.

For the defence It was denied hat the defendant company ever engaged plaintiffs to build the motor bus body, and also denied that It had ever taken delivery of the vehicle. For a further defence it was claimed that, If It were proved that plaintiffs were engaged, that the motor bus did not comply with the Motor Omnibus Traffic Act, 1926. Mr. Taylor (Feilding) appeared for plaintiffs and Mr. Cooper (Palmerston) for defendants. Evidence was given by one of the principals .of the plaintiff firm, who detailed the events leading up to the present proceedings, and who was subjected to considerable cross-examina-tion by Mr. Cooper. His Honour reserved his decision.