AERATING MACHINES

Evening Post, Volume LXXXIII, Issue 139, 12 June 1912, Page 8

AERATING MACHINES

I - ♦ - AN AGREEMENT DISPUTED. "THE BILLOWS PATENT. An inhicate action relating fo the Billows aerating machine wa& commenced to-day before the Chief Justice (Sir Robert Stout) and a special jury, of which Mr. H. E..Nieholls is foreman. The parties ware William de Renzy, agent, of Palmerston North (plaintiff), and Fraser Ramsay {New Zealand), Ltd.. general agent*.. Wellington (defendants). Mr. C. P. tfkerrett. X.C.. with him Mr. G. H. Fell, appeared for plaintiff, and Sir John Findia-y. K.C., with him Mi". J. A. Tripe, for' defendants. A similar claim was made against plaintiff by Charles F. Spooner, accountant, of Palmerston North, who had a sub-contract from De Renzy to sell in the Palmertton North district. Mr. C. A. Loughnan appealed for Spooner. It \va; agreed to hear the actions together on the undeiotariding that should De Renzy fail Spooner would not proceed, hb action revolving iteelf into one of costs. itv the statement of claim, plaintiff said that on or about 25th October, 1911, he entcied into an agreement with Eraser Ramsay, by which they appointed him sole agent for the Billows aerating machines in New Zealand and Fiji for one year. By tho terms of this agreement de Renzy undeitook to sell not less than iwenty-fivo of the machines during the first year of his agency, and it was agreed that if he did so" the agency should be extended for a- further term of five years, or co long during that term of five years as he should selL twentyfive of the machines yearly. It was part of the agreement that Eraser Ramsay. Ltd., should not cell or be concerned in tho eale within New Zealand of the Billows patent aerating machines, or any machines or goods which might be used in substitution for or in opposition to the Billows patent aerating machines, or any other goods referred to in the agreement. Fraser Rameay, Ltd. (it was alleged) assumed to have sole control in New Zealand and Fiji for a period of six years of the rights over the said patent machines, subject to the sale of twenty- | five per annum, and, further, they as- | serted and warranted expiesely and impliedly that they had authority to diepose of such righta, and on performance 1 of such condition to prevent other per- | sons from dealing in the machines within the limits 'and time mentioned. Fraser Ramsay, Ltd.. ako stated (it was I alleged) thai the agreement with de [ Renay was upon the siame terms as the I agreement between Frawr Ramsay and the Fascina Manufacturing Company, of Melbourne. De- Renzy now said that ! Fraser Ramsay, Ltd., had committed breaches of t&e agreement. On 30th November, 1911, the Fascina Company (proprietors of the patent rights of the machine*.) expressly declined that Fraeer Ramsay, Ltd., had no authority to enter into the agency agreement with do Renzy, and they refused to recognise it [ or to supply de Renzy with any more [ machines, and they threatened action against him to restrain him from dealing with such machines in New Zealand. As Fraser Ramsay were unable to carry out this contract, plaintiff claimed (1) Tho sum of £9980 damages ; (2) £500 general damages; (3) an order for the delivery up to him of certain promissory notes amounting to £650 or an indemnity against any liability on them; (4) an indemnity for all damages that may bo recovered against him by persons with whom he has entered into a contract in pursuance of his agreement with Fraser Ramsay; (5) an indemnity against any proceedings tak«n by itho Fascina Company or other persons claiming right, title, or niterest in the machines. In defence, Fraeer Ramsay admitted that, they entered into an agreement wilh de Renzy, but denied that it was on the terms alleged. They said they appointed de Renzr sole agent for the sale of the machines for New Zealand and Fiji lor a. year, subject to the 'conditions contained in the agreement and subject also to the conditions of Fra?cr Ramsay's obtaining an extension of the term of the agency granted to them by the Fa&cina Company. Defendant* denied that at the time reforred to they were unable to cany out the agreement with de Renzy, but admitted that they were now unable to continue it, as it had been terminated (without default on then- pait) by reason of the failure of certain conditions. Mr. Skerrett explained tho case to the jury in his opening address, and called lengthy evidence. (Proceeding.) The Mayor of Pahiatua, speaking at Monday night's meeting of the Borough Council, said they had now three hospitals in the Wairarapa, and the Old Men's Home at Solway, aivd the Buchanan Homo for Incurables at Greytown. The erection of latter institution was decided on before he wae a- member of the board. The money for the Home (£5000) had been donated by Mr. W. C. Buchanan, M.P. The cost of upkeep, however, would mean a big outlay, and as far as that district was concerned, he thought it would have been better if Mi. Buchanan had not donated the money. The Mayor did not think a very suitable site had been selected for the Home, and he thought it would have been better if a similar institution had been provided by the Government and contributed to by the local bodies who cent patients there. He pointed out that the cost of hospital and i charitable aid management had also been ! increased by the appointment of two inspectors, and in the salaries of the matrons and nursejs. At Mas teuton the eight -hour system was in vogue, and if nurses were transferred to Pahiatua, no doubt tho 'syetem would havo to bo introduced there. The borough's contribution had been increaged this year by £30. A handsome silver cup has been donated to No. 30 Company (Wellington Technical School) Senior Cadets by Messrs. Walker and Hall, silversmiths. The officers of the company have riot yet decided for which competition the cup is to be presented, as there will be other cups and prizes given shortly. There has recently arrived in Wellington a miniature in stone of the statue of the late Mr. Seddon, which has been designed by Mr. F. Brock, X.C.8., R.A., the noted British sculptor. The miniature is about 3ft in height, and portrays the late Prime Minister in orie of his most characteristic attitudes — his loft hand grasping a sheaf of papers, his frock coat thrown back, displaying his massive chest, and his right hand raised aloft, to stress the point that ho is making. The sculptor has also effected in the stone a really excellent likoness, and, cast in bronze and about 9ft high (as it will be), the monument should prove a splendid memorial of one who for so many years occupied the place of honour in the administration of the Dominion. A motion, that the Foxton Borough Council should enter into the coal bu^inefw. was brought forward at .Monday night's meeting hy Councillor Richmond, who moved that the council undertake to supply coal to the citizans. seeing that residents have a difficulty iv procuring coal from coal dealers. The Mayor taid the matter had been discussed at length by the council some time ago. The reason why there had been a shortage of coal was because dealers •.ouldn't get supplies. Had tho council been selling coal it would have been in exactly the same position. The motion , was. io&l.