A VERBAL ARRANGEMENT

Nelson Evening Mail, Volume LXX, 15 June 1936, Page 4

A VERBAL ARRANGEMENT

JUDGMENT FOR DEFENDANT IN A RESERVED DECISION Judgment for the defendant was given in the reserved decision of the Magistrate, Mr T. E. Maunsell, this morning, in the case in which the Omoto Sawmill Company, Ltd., claimed from C. Sannazzaro, fruitgrower, of Nelson, the sum of £l4 14s lid being balance of an account for timber supplied by plaintiff, to the defendant. The decision stated: “This is one of those cases which so frequently arise as the result of business men entering into contracts for the sale of unascertained goods of considerable value by word of mouth instead of in writing. The plaintiff through its Nelson agent verbally offered to supply timber to defendant on certain terms and a dispute has risen as to their nature. Had the ‘quote’ been made by letter there could have been no misunderstanding or mistake and the case would not have come to Court. When these unbusinesslike methods are adopted difficulty in proving the terms frequently arises and in my opinion the Court should cast on the shoulders of the tradesmen the burden of producing convincing proof.”

The Magistrate traversed the evidence and said that on the weight of the evidence he upheld that for the defence. Judgment was given for the defendant.