SUPREME COURT.

Manawatu Times, Volume XLVI, Issue 2123, 15 May 1922, Page 6

SUPREME COURT.

SAWMILUXG CLAIM. The sawmilling case, Berkham Howard and Robinson versus Oscar Andrews and Co., claim for damages for alleged non-fulfilment of contract, was resumed before His Honour Mr Justice Hosking at the Palmerston North Supreme Court on Saturday. John Howard, one of the plaintiffs, continued his evidence under crossexamination by Mr Cooper. William George Robinson, another member of the plaintiff company, gave corroborative evidence. Fred. George Sevan, commercial manager for Messrs Bassett and Co., stated that his firm had agreed io finance Berkham and Co. for the purchase of a sawmilling plant to cut out an area of bush at Halcombe. An agreement was made with Andrews and Co. for the purchase of a suitable plant. A list comprising the plant offered for sale has previously been forwarded to witness as invoiced from Andrews and Co. This was copied on to the statement of receipt for the first payment of £l5O, which was made in Palmerston North at a meeting of all parties. In general terms, a definite time of delivery was then given—in about two weeks. The time of the final payment, when the plant was on trucks at Te Kawa, was endorsed on the receipt. R*dpath subsequently approached witness asking for final payment, but witness declined to pay, as the terms of the transaction had not been complied with. Afterwards witness learnt that the defendant had obtained the balance of the purchase money from his solicitor, Mr Cunninghame, on the strength of a letter stating that the plant was on trucks at Te Kawa, whereas, as a matter of fact, it had not been loaded. During this time, plaintiffs had been continually importuning Messrs Bassett and Co. asking them to force the delivery of the plant as they (the plaintiffs) were being put to considerable expense and loss both in time and money. This closed the case for the plaintiffs. At this stage His Honour intimated that the Court would adjourn until 10 a.m. on Monday.