RIGHT TO SELL CAKES.

Manawatu Standard, Volume XLVIII, Issue 238, 5 September 1928, Page 10

RIGHT TO SELL CAKES.

POSITION OF CONFECTIONER

DEFINITION OF THE TRADE

! . AUCKLAND, Soft. 3. the meaning of “confectioner” and 1 whether a confectionery business can 1 rightly be hold to embrace the selling of cakes were discussed in the Supreme ’ Court yesterday. On behalf of Margaret Arthur, Sir Finlav sought an injunction against Percy Hubbert (Mr ’ Lowrie) to restrain him from stocking and selling cakes. Mr Finlay said that tho plaintiff was the owner of a block of buildings in Richmond Road. The landlord sought to preserve the integrity of each separate business by securing its as far as possible from competition from othcr tenants in the same block. In the terms of lease which defendant had taken for a shop for a fruiterer’s and confectioner’s business there was a clause forbidding him to sell “such other lines which now or hereafter form the principal business of any of the adjoining shops.” | Mr Justice Reed: Cannot confectioners sell cakes? Mr Finlay: I should think not, sir. • It means lollies and sweets. Mr Lowrie: One merchant’s opinion expressed to mo was that it included cakes. I should not have thought so myself. The Oxford English Dictionary was sent for and His Honour announced that the primary meaning of confectioner is “compounder of medicines and poisons.” A confectioner also meant one who made “confections, sweetmeats, candies, cakes, light pastry, et.” Mr Finlay said that there had been a tenant named Fulton selling cakes, and last June the defendant had been induced to cease stocking and selling them. Fulton left and plaintiff had succeeded in finding another tenant, Dean, who would only take over if Hubbert were restrained from selling cakes. In the meantime Hubbert continued to sell them. His Honour said his opinion was that confectionery included the sale of cakes. The application for an injunction was withdrawn on Mr Lowrie undertaking

that his client would not sell cakes so long as there was a bona-fide tenant in the adjoining shop selling them as Ins principal line of business. The question of what constituted a confectioner would have to be left for some future case, said His Honour. '