CLAIM AGAINST FARMERS

Taranaki Daily News, 18 December 1933, Page 16

CLAIM AGAINST FARMERS

“UNQUALIFIED ACCEPTANCE” ISSUE. COURT RESERVES DECISION. Decision was reserved by Mr. W. H. Woodward, S.M., at the Magistrate’s Court at New Plymouth on Saturday in a claim by Thomas Richard Waite (Mr. W. Middleton) against Muriel Beryl Blundell and Thomas Wright, farmers, Huatoki (Mr. C. H. Croker), for £57 18s. 9d., plus part of milk cheque for January, 1933, and bonus. 'The claim was made on a statement of accounts contained in letters written by defendants’ solicitors, Messrs. Weston, Ball and Grayling, setting out the position between the parties and acknowledged by plaintiff himself. It was submitted that Waite’s acknowledgement constituted an unqualified acceptance of the accounts.

Mr. Croker submitted that various references in Messrs. Weston, Ball and Grayling’s letters showed that defendants had a counter-claim. Waite had to do certain work under the agreement from which the statement of accounts had arose and had not done it.

It was countered by Mr. Middleton that plaintiffs had made no claim against Waite but had merely asked for suggestions regarding the work not done, whereas Waite had demanded payment within seven days. The account stated had been a perfect one in that it had set off the amounts owing for cartage, etc., which Waite was liable for. Considerable legal argument was heard on the matter. •