DAMAGES CLAIMED

Evening Post, Volume CXVI, Issue 65, 14 September 1933, Page 19

DAMAGES CLAIMED

CASE AGAINST OIL COMPANY]

The sum of £300 as damages for alleged breach of contract was claimed by Evan Gething, of Upper Hutt, from the Shell Oil Co of N.Z., Ltd., in the Magistrate's Court on Monday before Mr. J. S. Barton, S.M. In the alternative : the plaintiff claimed £300 general damages from Donald Matheson a traveller employed.by tha defendant company, th£ alleged breach o£ » warranty .of authority on; behalf of the defendant company. • ■-' Mr. D. W. Virtue,- with' Mr. E; H. Brookcr, appeared for the plaintiff - and Messrs. M. 0. Barnett and T. P. Cleary represented the defendant company and the defendant Matheson respectively. ' The plaintiff, in evidence, stated, that, having obtained. an option over a petrol tank and pump, he approached the defendant company through its traveller, Matheson, to arrange for supplies of petrol. Matheeon advised him that the com* pany would be pleased to eupply, and ha accordingly purchased the tank and pump, and had them installed at Upper Hutt. Matheson 'and the company's fitter approved and calibrated the tank,' and Matheson signed him up under a pump, hiring agreement, which, however, was not signed on behalf of the company. After making the first supply the company refused to carry out the contract further, and the only reason be could obtain for the company's attitude wag that of opposition from other customer* of the company. He made every endeavour to obtain further supplies from the company, and sinoa the company's refusal to suppy he had been unable to obtain supplies from any other company carrying on business in Wellington. " .-.:,. ,; ; ■:.•!.. H. Brown gave-.evidence, corroborate ingtbat of the plaintiff. The case was then adjourned for legal argument. \