UNSUCCESSFUL CLAIM

Hawke's Bay Tribune, Volume XXVI, Issue 282, 12 November 1936, Page 6

UNSUCCESSFUL CLAIM

Seizure of Tractor Involved Plaintiff was nonsuited in a civil claim heard before the Magistrate, Mr J. Miller, in the Hastings Court yes* terday. The case was one in which W. C. Sanders, a contractor, of Havelock North, claimed £B5 1/2 from J. E. Peach and Co., Ltd., garage proprietors, of Napier. The claim was made up'of £4O for the loss of a timber contract, and £45 1/2 damages. The claim arose out of the action of 'defendant company in seizing a tractor, purchased by plaintiff from them under, a hire-purchase agreement. Mr E. J. Hallett appeared for Sanders, while the defendant company, was represented by Mr W. E. Bate. The plaintiff alleged that J. E. Peach and Co., Ltd.,'had agreed to supply him with a tractor, complete with pulley for bench work, and that they failed to give delivery of the pulley. As a result he alleged that he lost a timber-cutting contract, and he would not pay the company the instalments on the tractor until the pulley was supplied. J. K Peach and Co., Ltd. seized the tractor, and he claimed £4O for the loss of the contract and £45 1/2 damages, this being the amount paid by way of deposits and instalments on the tractor.

The defence was a denial that the company had refused to supply a pulley, and an assertion that the timber contract was not lost, as no agreement existed between the plaintiff and the per* son for whom the timber was to be cut* The tractor had been seized because of non-payment of instalments. After hearing legal argument the Magistrate nonsuited the plaintiff and ordered him to pay £4 5/-, solicitor’# fee.