PAYMENT FOR GOODS.

Hawera Star, Volume XLV, 22 July 1925, Page 9

PAYMENT FOR GOODS.

CLAIM IN COURT.

PLAINTIFF NONSUITED.

A claim for £33 15s 6d, being the value of goods supplied and work done was made by IV. G. Walkley, as -receiver for the debenture holders of John. Blake and Sons, against Martin G. T. Priest, at the Hawera Magistrate’s Court to-day, Mr J. S. Barton. S.M., presiding. Evidence was heard with regard to an alleged transaction which took place about two years ago. tile plaintiff endeavouring to show that tyres were ordered at Blake’s garage by Priest and were duly supplied. The account was debited to Priest, and Blake and Sons looked to Priest for payment. The.' would have asked for cash had they been informed that Priest was working for the Parties Carrying Co. For the defence, it wa s stated that Priest was employed by the Parkes Carrying Co., the'.lorry was owned by that company, and the profits from the lorry wore paid into the same company. The goods were supplied to the Parkes Carrying Company. The magistrate said the issue was one of two facts. Firstly, did Priest actually order the.goods? If this were proved! the next question was, was lie acting for a principal? In connection with "the first question, the onus of proof was on the plaintiff, and in connection with the second question, the onus of proof was on Priest, who had to prove that he was an agent. His Worship found that the plaintiff had not proved that it was Priest who had ordered the goods, and phiintiff accordingly would be nonsuited.