TELEGRAMS.

Grey River Argus, 25 November 1910, Page 6

TELEGRAMS.

SUPPLIES TO A CREAMERY.

AN INTERESTING CASE

IBy Telegraph — Per Press Association)

WOODVILLE, Nov. 24,

Judgment in the case of Hawke's Ba}' Dairy Company versus Ros•enfeldt was delivered to-day.

The company had built a creamery on the petition of certain suppliers who undertook' to continue supplyingthe creamery or purchase the creamery Rosenfeldt was not one. of. the original petitioners but on a purchasing- farm undertook and signed for the responsibility.

The facts were admitted but defendant claimed a non-suit on the grounds :—

(1) That the agreement was not assignable ;

(2) That if assignable it. was. voided by the release of one signatory and

(3j That it was voided by the remoteness of a purchasing clause, bringing it within the rule against per petuities.

The Court 'held that the first two grounds were -not maintainable, but thought the third had not been sufficiently answered. It regretted that it could not decide on equity and good cojisciene but on law points, so plain tiffs were non suited. Notice of appeal was given.