BREACH OF WAR CONTRACT.

Hawke's Bay Tribune, Volume VI, Issue 272, 2 November 1916, Page 2

BREACH OF WAR CONTRACT.

FURNITURE COMPANY FINED. Wellington, Nov. 1. Giving judgment against Scoullar’ and Co.. Wellington, for breach of' war contract, the Magistrate said itwas proved by two v.oikmen that' they had been instructed to make, mattresses up to ’C’ibs weight only, ■ the contract weight being ISlbs, and that they also had been directed by I those in charge of the work to use up rubbish in making the mattresses. ■ There was nothing whatever to show j that this action was accidental or took place by mere inadvertence on , the part of the company’s servants. | Defendant’s counsel contended that| it was incumbent on the prosecution j to prove that the> manager of the | company was aware of what was; going on and that unless the acts j complained of were being done under; his express instructions or with his! knowledge the company could not be i convicted. The Magistrate said he; was satisfied that where, as in this , case, the servants bl a company act- < ing within the scope of, their ordin- ( ary duty, committed deliberatefraud, a wilful breach of contract 1 was committed, which rendered the; company liable- J As reported yesterday a fine of £5O was imposed. Leave to appeal. tvas granted.