CAUTION TO AGENTS.-PHILIPS V. MARKS.

Daily Southern Cross, Volume XXII, Issue 2808, 26 July 1866, Page 4

CAUTION TO AGENTS. -PHILIPS Y. MARKS.

To the Editor of the Daily Southern Cross. Sir,— lii your report of the above case, held in the District Court, on Monday last, the most important evidence, sworn to by two witnesses, was left out, viz., that "they unpacked the goods at the defendant's door, and took them into his shop— one by one, sjund — vrith the exception of one pan being loose from the solder," thus proving that they were either accidentally or maliciously broken by some person. The evidence of the defendant that "he would have taken the articles if not broken " proves that his plea of non-completeness was a mere subterfuge. No sane person would undertake to deliver such a class of goods, sound, for 6or 25 per cent, commission ; the risk is always on the party for whom ordered, unless specially agreed otherwise. I much question whether any conscientious man would thus throw £30 worth of broken, useless goods on another's hands, knowing that the whole of his profit on the transaction would be under 30a. I trust this will be a warning to importers to have cash in'hand, and special agreements on taking orders, or they- will perhaps find themselves at the mercy of persons not particular to trifles. My solicitor thought proper to take a nonsuit on the ground of their incompleteness, which is as much to the point as if a retail ironmonger orders a lot of hinges fiom a wholesale ironmonger, and rejects them because there are no screws sent. A private buyer ordering an article for his own use should get it complete ; in the trade it is customary to give eyery inforaiation of what is required, for it may often happen that a mechanic may be in possession of all necessary fittings, and only require the mam article itself. — I am, &c, P. A. Philips.