THE AUTOPAY CASE

Evening Post, Volume CXVII, Issue 75, 29 March 1934, Page 10

THE AUTOPAY CASE

JUDGMENT DELIYEEED

PLAINTIFF'S ACTION FAILS

Judgment for the defendants was entered by Mr. E. Page, S.M., at the Magistrate's Court today in the case in which Charles' Prichard, trainer, of Trentham, sued Norman Aitken ami Ilcrbert iP. Wood for £123 15s lid. which he claimed was due to him as I fees and commission for his training of the defendants' horses A'utopay,Maypuy, and Solitaire. The principal question involved was whether ,10 per cent, of the winnings payable by Aitkeu and Wood to i'richard meant 10 per cent, of the amount of the stake or 10 per cent, of the winnings after the invariable deductions were made. In.the course of a reserved judgment Mr. Pago said he thought it not unlikely that when the bargain was made the parties were never at oue on this issue. . Their rights had, however, in his opinion been determined by their subsequent conduct. After referring to the various payments that had been made, Mr. Pago said that whatever might have been the plaintiff's understanding of the original bargain, he thought the evidence liad established that Prichard accepted, in settlement of his commission,- payments calculated :on the- net amount .received from time to time by tlic defendants from the racing clubs. His claim undev this heading could not therefore be sustained. Kefcrring'to another payment calculated at. 0 per cent., on which the plaintiff claimed a further a per cent, Mr. Page said that ttfe plaintiff had been informed, that his percentage was to be reduced from 10 to »,. and he had elected to go on with the training on that basis. He had .been paid and had- accepted in settlement a cheque for. 5 per cent., and liis claim for a further 5 per cent, had not been established. . ■Referring to theplaintiff's claim for commission on two wins recorded at Sydney, Mr. Page said that.he did not think he was entitled to commission on them. " As to a claim' in respect to certain training fees, it seemed to Mr. Page that the plaintiff's own debit vouchers' we're ' against him - on that issue. .•-... At. the hearing Mr; G.A. L. Treadwell appeared for the plaintiff and Mr. H. F. O'Leary for the defendants. :