CIVIL CLAIM

Otago Daily Times, Issue 26747, 16 April 1948, Page 9

CIVIL CLAIM

IMPLIED AUTHORITY ALLEGED SALE OF CABINET After' lengthy evidence, a claim for £240, the price of a mahogany cabinet alleged to have been bought by the wife of the defendant, Mr A. C. Seivwright, Of Wanganui (Mr J. C. Robertson), from the plaintiff, Harold Banks, Ltd. (Mr F. W. Guest), in April. 1947. and delivered to his agents in May, 1947, the money allegedly owing to the plaintiff by reason of, implied authority given to Mrs Seivwrir ht by the defendant, was adjourned until to-day by Mr J. D. Willis, S.M., who heard the case in the Magistrate's Court yesterday. Alan Percy Milnes, head furniture salesman of Harold Banks, Ltd., said that he had been employed there for the past eieht years and a-half. On April 29, Mrs Seivwright called at the shop and ’ examined a certain cabinet. On the next dav she called back at the shop, and after further inspection said that she would buy the cabinet for £240. Witness then entered the sale in the day book, and shortly afterwards consigned the cabinet to Wanganui, where it arrived at the end of May. Mrs Seivwright told witness that she would send a cheque for the cabinet on May 8, the day when she expected to arrive home. On May 8 he received a telegram from Mrs Seivwright advising that the cabinet was too large, and asking that the sale be cancelled. A reply was sent that this was not possible, as it had already been consigned, and the only other message received from the defendant was another telegram saying that he refused to recognise the sale. When the cabinet arrived in July, the Suvwrights refused to take •delivery, and it was still in store at Wanganui. . ~ . ~ Ir. evidence Mrs E. Seivwright, wife of the defendant, claimed that she had measured the cabinet and said to Milnes that she would inform him when she arrived home whether she wished to buy the cabinet, as she did not know whether jt would be too large for her room. When she arrived home, she discovered that this was the case, and wired that she no longer wanted to buy the cabinet. Harold Banks and John Arthur McConachie also appeared in the witness box. The case will be resumed this aiorning.