CITY MILK SUPPLY,

Star (Christchurch), Issue 16543, 29 September 1921, Page 2

CITY MILK SUPPLY,

CLAIM AGAINST CORPORATION. (Per Press Association.) WELLINGTON, September 27. An important civil action regarding the supply of milk to a city corporation by the Wellington Dairy Farmers* Cooperative Association is being heard at the Supreme Court to-day. The association is claiming sums totalling £5038 8s upon three causes of action: (1) That the corporation had paid lower rates than were agreed upon ; (2) that one of the scales used in weighing tho milk at the city depot was incorrect inasmuch as 42 gallons were recorded Aa 41, and (3) that the corporation had wrongly made a charge of £SO 14s for the use of cans employed in supplying the milk.

Tho third claim i? not actively disputed, and the sum claimed with costs has been paid into vJourt without prejudice The statement of defence maintains that plaintiffs were paid in full, according to agreement, and that the scales were ac-curato; further, that a claim could not lie, as the contract relied upon by plaintiffs did not comply with the provisions of the Municipal Corporations Act, in that the alleged contract was for a. sum exceeding £29, that it was not executed under seal of the corporation, uor by two members of the council on behalf of and by direction of the council. Again, the corporation held that in addition to non-compliance with Section 132 of the Act, no alleged contract such ae that on which plaintiffs claimed had been made. Counsel for plaintiffs warmly attacked the Oity Corporation for what lie styled a shabby’ action, going behind its pledged word. Nob only is a verbal agreement net to be relied on,” lie said, “but one has to scrutinise every lino of its written bond. The corporation will apparently deny anything-” Such a defence as that contained in the amended statement of defence relating to alleged failure of the contractor to comply with tho Municipal Corporations Act was do more nor less than .a disgrace, but contracts for the supply of niiik had nothing whatever to do with the Municipal Corporations Act, since they had been made in pursuance of the Wellington City Milk Supply Act, a private Act. Evidence was called at lengths The eaoe is unfinished.