BUSINESS FIRMS AT LAW

Taranaki Daily News, 4 July 1930, Page 3

BUSINESS FIRMS AT LAW

TROUBLE OVER DAIRY SCALES* WERE SALE CONDITIONS MET? Claiming £l5 6<s, the amount paid for a second-hand Sinus cream scales, J. B. Mac Ewan and Co. brought an action against J. Iremongcr and T, Evans, Hamilton, in the Magistrate Court at New Plymouth yesterday. It was alleged the scales had not complied with the conditions on which they were purchased. Argument on the matter will be heard at a later date.

The circumstances as explained by Mr. C. H. Croker, on behalf of MacEwans, were that that firm had obtained the contract for machinery needed for the re-organisation of the Rotokare dairy factory at Upper Westown. Mac Ewan’s intended to supply a Fairfield cream scales, but the dairy manager, Klenner, decided he preferred the Sinus, of which he had had previous experience. One day Klenner went into Julian’s shop in New Plymouth and commenced to talk about, scales to a man behind the counter. He imagined this man to be Julian, but it turned out he was Evans, Evans said he knew of a second-hand Sinus set in good order at Hawera that would suit. Klenner pointed out that the factory was refitting entirely through MacEwan’a and it was agreed that the deal should bo made through their agency.

Eric John Ulander, of J. B. Mac Ewan and Co., described the Sinus scales delivered to the dairy company from Iremonger and Evans. The base and channels were broken and concrete was adhering to the bottom. One axle was broken and another very badly worn. The whole scales was dilapidated and looked as though it had been taken from a rubbish heap. There were no signs of a recent overhaul or painting. The dial was graduated in pounds, whereas half-pounds were required to comply with the Government regulations. The value of the scales as delivered was only equal to the price of cast iron, £3 to £4 a ton. The scales could be put in order for £lO to £l2.

At the time hw company took the scales he knew of its condition and he had issued instructions stopping payment. . Unfortunately ho was away and. a clork sent the cheque in error. On returning he tried to stop payment and wrote to Iremonger and Evans. Witness saw Evans at Wattara and said that if Klenner wanted a Sinus and the price and condition was right it could be arranged. Evans said his firm had taken a Sinus scales in part payment for another. It had been overhauled and painted at the Hamilton workshops of the firm, was in first-class order, and would pass the regulation test. Evans agreed to sell at £l5, less 10 per cent., f.o.r. Hamilton.

Following the contract w-ith Evans the scales did not arrive for three weeks. Eventually witness was informed, that the overhaul had cost a little more than was anticipated, and he was asked if Mac Ewan’s would meet defendants by paying an extra £2. Nothing was said about the condition of the machine after its overhaul. Next the Rotokaro manager telephoned him to come to the factory and inspect the scales, which had been rejected by the factory directors.

Some weeks later Iremongdr telephoned him to ask what the trouble was. He seemed very surprised when he was told the scales was sold to Mac Ewan’s on condition that it was overhauled and painted and passed the required tests. Iremonger remarked his firm had had to go out to buy the scales to fulfil the order. He admitted the scales had not been overhauled and had not been near the firm’s factory at Hamilton. When Evans was eventually persuaded to view the scales at Rotokare lie offered to put it right free of cost, but it was then too late-, as another scales had been installed to meet the needs of the season. Mr. T. P. Anderson (for defendants): Evans says that his conversation with Klenner and you related to a butter scale and not a cream scale. Ulander: He is wrong. Evidence was given by F. J. Klenner, Wiwgho Henricksen Peick, Sinus expert, Stratford. The latter said that in its present condition the machine was worth 4s a cwt. as scrap iron. Mr. Anderson said the defence was that Ulander had gone to Evans and asked him if he could pick up a secondhand Sinus. Evans said he thought there was one at Wangaehu, where his firm had supplied another scales of .ft different make. On telephoning, the Wangaehu dairy manager, however, Evans discovered that one of the crosscastings had been broken as the old machine was being moved. He then c immunicatcd with his partner at Hamilton and was informed there was. a suitable scales at the Morrinsvillc dairy factory. .• , The only condition of the sale was the usual one given by Iremonger and Evans —that the scales was to be erected, put in first-class working order and passed for Government stamping. Tho price was f.o.r. Hamilton and the machine was railed to New Plymouth under consignment to Iremonger and Evans. When a carrier informed Evans the - machine had arrived at the station he told the carrier to see Mac Ewan’s. That was the last Evans heard of the.scales until the complaints were made a few days later. Ulander then rang him and said the dairy company would not accept the machine. Evans visited the factory and offered to fix the machine, but found the manager and directors had made up their minds not to have it. Ho had never been invited to put it in working order. Counsel alleged that Mac Ewan and Co. tried to foist a cheap machine on to the factory, and .when - the people there refused to take it the firm endeavoured to make Iremonger and Evans pay for it. Thomas Evans gave evidence on the lines of counsel’s opening statement. He said he had gone to the dairy factory not on behalf of Iremonger and Evans but to try to persuade the people to take the machine from MacEwan’s. Later he told Ulander that ho was still'willing to erect the machine and put "it in order for stamping cording tb the condition of the sale. When°Klenncr first spoke ( to him in' Julian’s shop there had been no mention of Mac Ewan’s in the matter. Evans was cross-icxamined at somo length. Evidence supporting the defence was given, by William Berryman, assistant inspector of weights and measures at New Plymouth, J. Iremonger and Charles Swanson, machinery expert