CLAIM FOR WIRE.

Gisborne Times, Volume L, Issue 5149, 15 April 1919, Page 7

CLAIM FOR WIRE.

A QUESTION OF PRICES

An application to take the evidence of Mr. A. M. Lewis, who is leaving to-day for an extended trip, was granted in the Magistrate’s Court yesterday by Mr. J. S. Barton, S.M. The case out of which the application arose is one in which Mr Lewis claims £IBO from Mr. F. Hall for four tons of wire ordered by Mr. J. F. Dunlop, manager of one of Mr Hall’s stations. Mr. Burnard appeared on behalf of the planitiff and Mr. Nolan for the defendant.

The amount was disputed by Mr. Hall on the grounds that his employee acted ‘ without authority in the matter, and that the price was excessive. Mr. Lewis, in the course of his evidence, stated that on March 10th, Dunlop bought 4 tons of wire at £45 per ton on behalf of Mr. Hall, on which lie gave an order for £l§o. This cheque was refused payment Dy Mr. Hall but two other cheques given by Mr. Dunlop on that day were honored by Mr. Hall. After the order was presented, Mr Charles Hall called on plaintiff and said that liis father refused to pay the amount as he could purchase wire at £37 f.o.b. in Auckland. Witness offered to try and stop the order for the wire being executed. He sent a telegram to the merchants, but received a reply that the wire had been shipped. To Mr. Burnard: Plaintiff stated that he had been in business .for over twenty years and had known Mr Dunlop for forty years and had executed other orders from him on behalf of Mr. Hall. The payment was never disputed. It was customary for managers to order on behalf of their employers. His price for the wire was The lowest in Gisborne. He had secured the quotations of three other firms. Just as the wire was shipped the price dropped £5 and a little later £3. Business men were often the victims of these fluctuations and had to continually encounter them. To Mr.\ Nolan : The order in question was the largest he had received from Mr. Dunlop. He (witness) wrote out the draft on Mr. Hall which was signed by Mr. Dunlop. When Mr. Charles Hall called on him he had offered (without prejudice) to take £3B per ton and wrote this offer on the back of his account, but did not sign it. When this was not accepted he then tried to get the order cancelled. but the wire, had been already sent.’ Mr. Hall then refused to ,oav and he took proceedings. , The further hearing was adjourne until April 22nd. __