DEFINITION OF SHOP.
MAGISTERIAL DECISION RESERVED. By Telegraph—Press Association NEW PLYMOUTH, August 29. An appeal against a Magistrate’s decision, that a certain itinerant photographer’s premises were not a “shop” within the meaning of the Act was upheld by Mr Justice Ostler. Albert A. Prescott, a photographer, contracted with Inspector Berryman to take six photographs in six positions for half-a-crown at 1.30 p.m. on the Saturday half-holiday. Prescott did the work himself, and the sitter had no right of rejection. No assistants were involved. It had been submitted that payment was for labour and not for goods sold; that the photographs were not chattels kept or offered for sale; that the sale was made before the photographs were taken; and that the premises could not be defined as a shop. The Judge reversed the Magistrate’s finding, and held that the photographs were chattels, and that the premises constituted a shop. An important canon was that to the public it was accepted as a shop.
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Bibliographic details
Timaru Herald, Volume CXXV, Issue 18659, 30 August 1930, Page 21
Word Count
163DEFINITION OF SHOP. Timaru Herald, Volume CXXV, Issue 18659, 30 August 1930, Page 21
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