RELATION OF PARTIES

Evening Star, Issue 22618, 9 April 1937, Page 13

RELATION OF PARTIES

BUSINESS DEED APPEAL CASE [Per United Press Association.] WELLINGTON, April 8. By a deed made between certain Natives, of whom the appellant Tiki Paaka, of Te Whaiti, is one, and the respondent, Adam Maolarn, of Te Whaiti, saw-miller, au agreement was made, the effect of which is now in issue before the Court of Appeal. The respondent alleges that he was appointed the agent of the_ Native owners for the purpose of selling, cutting, and milling timber on their land, consisting of 73 acres near Te Whaiti. The Natives contend that the agreement constituted a sale of standing timber. Action was taken by the Natives in October, 1936, to obtain an injunction restraining the respondent from entering on their land, from sawing or cutting any of the timber already removed, and from dealing with the timber removed from the land. Damages were also claimed for the destruction of the timber and for injury to the land, and a declaration that accounts be taken was also sought. At the hearing before Mr Justice Callan in December, 1936, at Hamilton, it became evident that the interpretation of the deed was not the sale of the standing timber by the Native owners to the respondent Madam, but that the true relation between the parties was that of principal and agent. This judgment is being appealed from before the Court of Appeal. On behalf of the appellant Mr M. H. Hampson submitted that an examination of the deed showed the relation of the parties to be that of vendor and purchaser, and not that of principal and agent. He referred to recitals in the deed, which, he contended, were important because of the emphasis placed on the desire of the Native owners to obtain the best commercial value for the timber on the land. The court adjourned until to-mor-row.