APPEAL ALLOWED

Southland Times, Issue 22473, 8 November 1934, Page 9

APPEAL ALLOWED

WOOLBUYER’S CLAIM. INCREASED REMUNERATION GRANTED.

In the Supreme Court yesterday his Honour Mr Justice Kennedy allowed an appeal, on law and fact, brought by Charles David Taylor, of Mataura, woolbuyer (Mr A. Smythe) against J. D. Bourke, of Dunedin, woolbuyer (for whom Mr Bell, of Dunedin, appeared). The appellant, as plaintiff in the Court below, had claimed £lO9 as the balance due to him on a quantum meruit for services performed by him as agent for the defendant in the purchase of 121,4191 b. of wool during the months of October and November, 1933. The Magistrate (Mr E. C. Lewey) gave judgment in favour of the plaintiff for £22 11/-, but after hearing argument by counsel his Honour considered that £lO9 was reasonable remuneration and the Lower Court judgment was set aside for one of £lO9 with £lO 10/- costs of appeal against the respondent. In giving his oral judgment, his Honour said it was clear that the appellant had purchased, as agent, the wool mentioned for a sum of approximately £4OOO. There was no agreement between the parties as to remuneration for services and the question was what was fair and reasonable remuneration under the circumstances. The work involved more than the mere purchase of the wool, for it included arrangements for delivery and such like and there were further services, not only in connection with sales which eventuated, but in calls to farmers and calls anywhere where wool was likely to be for sale. There was, no doubt, much service also rendered which led to no sale. His Honour held that the Magistrate s method of computation had been correct, but, having regard to all the circumstances, the payment allowed had been too low. The appeal was accordingly upheld and judgment entered for £lO9 in favour of the appellant.