BIG DAMAGES AWARDED

Hawera Star, Volume LIV, 23 March 1935, Page 5

BIG DAMAGES AWARDED

CLAIM OVER WHISKY SALES ALLEGED BREACH OF CONTRACT United Prea m Association—By Electric Telegraph Copyright). SYDNEY, March 22. Damages amounting to £7444, equivalent to £9905 in Australian currency, were granted by Mr Justice Halse Rogers in the Commercial Causes Court to-day to B. Davis Limited, wine and spirit merchants, London, on the firm’s claim for £250,000 against Tooth and Company Limited, Sydney. By consent a stay of proceedings for 14 days was granted pending an appeal. Judgment in favour of Davis Ltd. was given by His Honour a fortnight ago and the assessment of damages was postponed till argument had been heard.

The claim was for damages for breach of a contract under which the defendant company accepted an agency from the plaintiff company to sell Watson’s whiskies in New South Wales. The judge held that the defendant company. failed to make advocacy of the sale of Watson’s whiskies the feature of its business in .Scotch whisky. It followed the easy course of accepting orders rather than of “pushing” sales. The judge found the defendant company guilty of negligence in bottling Watson’s whisky, in the course of which liners composed mainly of lead instead of pure tin had been used in the stoppers. Discolouration of some of the whisky had resulted and this had been a setback' to the reputation of the whisky. It is understood that costs in the case exceed £20,000.