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THE MAGISTRATE’S DECISION. IN PAYOR OF "THE GATHERER. Mr Widdowson, S.M., gave judgment this morning'in the civil action Lanes Ltd, v. Wm. Qitftens (heard on December 8), in which plaintiffs sued for the 'possession of 80 dozen aerated water bottles, valued at £9 10s, detained since November 11. It will bo remembered that this case refer® to iKitiles alleged to have 'been collected at the late Tahuna Park camp, and that the principle involved is whether there is a sale of such bottles with their content*.

Mr Calvert appeared for plaintiffs, and Mr Bedford for defendant.

His Worship went exhaustively into the facts, and proceeded to say that the question as to whether the property in the bottles remained vested in the plaintiffs or had passed by sale to their customers would mainly depend upon the terms of the contract made by plaintiffs with their customers. Tire practice was to send out to storekeepers wnat was called a delivery ticket along with the goods. Storekeepers also received a circular, and in that circular it was stated that henoe forth aerated waters would be charged 2s 6d a dozen, and that an allowance of Is a dozen would be made for all empties returned. On the invoices there was a memo.: “ The bottles in this invoice are not sold, although a deposit may have been taken.” B,ut it appeared that this invoice was only delivered to merchants, and was sent monthly to storekeepers, and all those who paid cash never got this invoice at all. So it was evident that tho memo, on tire invoice could not bo invoked to supplement the contract evidenced by tiro delivery ticket. Different circulars were sent out by plaintiffs to different customers—to merchants, hotelkeepers, and storekeepers—and the one to hotelkeepers' made it clear that the charge for bottles- was by way of deposit, and it was quite evident that so far aS hotelkeepers were concerned the property in the bottles did not pass to them. Tho circular to the storekeepers, however, did not contain any reference to deposit, and he considered that the words on the circular really contained the terms of the contract, and that under this the bottles were purchased along with tho aerated waters. Judgment would be for defendant.

Mr Widdoweon added that, as the plaintiffs might wish to appeal, leave to appeal on law would be granted on condition that £2 3s (defendant’s costs) bo paid by tho plaintiffs; and His Worship fixed the security at £l2.

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Bibliographic details

DERATED WATER BOTTLES, Issue 15682, 22 December 1914

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DERATED WATER BOTTLES Issue 15682, 22 December 1914

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