CARRIER AND COMPANY.

New Zealand Herald, Volume LXVI, Issue 20365, 20 September 1929, Page 16

CARRIER AND COMPANY.

PURCHASE OF BOBBY CALVES.

LIABILITY FOR AN ACCOUNT.

COURT ORDERS FIRM TO PAY.

[BY TELEGRAPH.—OWN CORRESPONDENT.] WAIUKU, Thursday.

Decision was given against Waikato and Thames Valley Calf By-Products, Limited, Hamilton (Mr. Swarbrick), in a reserved judgment delivered by Mr. F. H. Levion, S.M., in the Waiuku Magistrate's Court to-day. The case was ono in which Peter Parry, carrier, Waiuku (Mr. J. S. Burt) claimed £94 13s Id from tho company as reimbusement for purchaso and cartage of bobby calves and skins for the company last season. Reviewing the evidence the magistrato said prior to last buying season commencing, the managing-director of the company, Samuel Lye, announced at a meeting at Waiuku that plaintiff would collect tho calves and calfskins and pay cash for them at tho farm gates. Next morning Lye and the company's district agent, Barker, called upon Parry to complete arrangements. An agreement was produced by Barker, who handed it to Lye. The latter said to Barker: "You fix this up. You fixed all the others up." Parry then signed the agreement, upon the understanding that it contained tho terms already discussed between the parties. Tho agreement was, in fact, an agreement between Barker as employer and Parry as carrier. Later, a letter was sent by the company to Parry, instructing him as to the prices ho might pay for calves. Tho only question to be decided in the case, said tho magistrate, was whether there was such a relationship between Parry and the company, whether directly or through Barker, as to make the company liable for tho amount claimed. Aa to cartage, the company contended that the agreement between Barker and Parry procluded Parry from claiming from the company.

Continuing, the magistrate quoted authorities, which, he pointed out, entitled tho Court to determine the true relationship between the parties. The evidence disclosed an effort in the nature of a subterfuge by the company to hide itself behind an intermediary, in the person of Barker, when it knew that it was not possible for this intermediary to carry out tho torms of his agreement with the company.

The cumulative effect of the evidence was to make the agreement between Barker and Parry in effect an agreement between the company and" Parry. The latter was therefore entitled to receive payment from the company for the cartage account, £3O 4s 4d. Similarly, the cumulative effect of the evidence showed that Parry was employed both by tho company and by its agent to purchase and pay for calves and skins. Parry was therefore entitled to be reimbursed by the company for the £63 16s 9d of his own money paid out for calves. Tho company, having accepted tho calves, must pay tho price. An item of 12s for sacks and salt was also allowed, and judgment was given for Parry for the full amount claimed, and costs, £l3 2s 9d.