DAIRY COMPANY SUED

Hawera Star, Volume XLVII, 19 May 1928, Page 5

DAIRY COMPANY SUED

PAYMENT FOR CREAM.

NOT AS GUARANTEED. '■ JUDGMENT FOR PLAINTIFF. I ItV TKLKGRAPn—PRESS ASSOCIATION.] DANNEYIRKE, May 18. A rase of importance’ to dairy farmers- was heard in the Magistrate’s Court to-day before Mr. H. A. Young, S.M. A Taboraiti dairy farmer, was the plaintiff and the Eclipse Dairy Company the defendant. Plaintiff claimed £l9 12s 6d, this being the difference in the -.price he received for cream supplied to defendant company and what would have been received had- plaintiff been supplying another factory operating in this particular district.

After a lengthy hearing judgment was given for the plaintiff for the full amount, with costs. Leave to appeal on a point of law was granted-.

In 1925 and 1926 defendant company issued an advertisement in _a’ local naper and cards to farmers ini the district, in which it guaranteed to pay a price equal to, if not better than, that given by any other company operating in the district. Acting upon the representations of the company plaintiff agreed to supply it. Subsequently he ascertained that the company wa.s not keeping faith with the guarantee. When approached on the matter the managing director and the secret ary of the company blamed the Control Board. Counsel for plaintiff said the case was in the nature of a test v case. Other suppliers \of the Eclipse Dairy Company were waiting the result of the present case and were ready to tnt-c action. The case depended! on whether the contract was as between buyer and seller or one of agency.