PAYMENT FOR PLANT

Taranaki Daily News, 8 November 1935, Page 6

PAYMENT FOR PLANT

JUDGMENT FOR PLAINTIFF. ELTHAM COURT DECISION. Judgment for £2O Os 6d was given for J. Taylor and Co., Ltd. against M. A. Inder at the Eltham Court yesterday by Mr. W. H. Woodward, S.M., in a reserved decision. Costs £5 13s 6d were allowed. Judgment was also given in favour of Taylor on a counter-claim for £6B 16s 6d. The claim was made in regard to the sale of a milking machine. There was no complaint about the working of the machine,, said the magistrate, but only about the load placed on the electric meter, this being stated to be more than it should be for a motor of that kind. Inder did not complain that the machine did not function properly. When it was first set up defendant milked his cows by it, and seemed satisfied. A month later he wrote about it but did not complain about its working. Taylor had saved himself against misrepresentation by the conditions of sale, which specified that the machine was well constructed of good materials and any claim for defect must be notified to give Taylor an opportunity of remedying the defect. There was rio warranty given as to the number of cows that would be milked, the time taken or the amount of electricity that would be required. If Inder was an injured person he did not take advantage of such, warranty as

fie had, said Mr. Woodward, and he appeared to mismanage his affairs by not asking Taylor to come and see that the machine was not working satisfactorily. Nor .did he get an outside opinion, but he placed the matter in the hands of his solicitor, who advised defendant to ask Taylor to inspect the machine. Unfortunately, the solicitor dropped out, ar>! then Irider said he was scrapping the plant. His evidence did not satisfy that there was any ground on which he could successfully defend the claim. Nor had he shown that he had suffered any damage as the result of any breach by Taylor and Co.