CLAIM FOR £412

New Zealand Herald, Volume LXXV, Issue 22981, 8 March 1938, Page 16

CLAIM FOR £412

MATERIALS FOR FLATS ALLEGED GUARANTEE DENIED A claim for £412 allegedly owing for materials supplied was brought by the C. and A. Odlin Timber and Hardware Company, Limited (Mr. Dyson) against Howard Victor Young, cabinetmaker (Mr. North), in the Supreme Court yesterday. Mr. Justice Fair presided. Plaintiff alleged that defendant had entered into a contract with J. Straker and A. Thwaites, trading as the Thwaites Construction Company, lor the erection of two flats for £1064, and that defendant had guaranteed the monthly payment of plaintiff's accounts for timber and other material supplied. The sum of £412 was claimed as the balance owing under tho alleged agreement. .i-i Defendant made a general denial that ho had guaranteed tho indebtedness of the Thwaites Construction Company and claimed that if a letter he signed was a guarantee then lie was induced to sign it by a false representation made by the servant of plaintiti that the letter was no more than an acknowledgment, in the usual form, of an order given by the Ihwaites Construction Company in favour ot plaintiff requiring defendant to pay money under the contract to plaintiff instead of to the Thwaites Construction °Evidonce for plaintiff was completed vesterdav afternoon, and the case for the defence will be heard to-day.