ORDER FOR ACCOUNTS.

Waikato Times, Volume 117, Issue 19599, 11 June 1935, Page 6

ORDER FOR ACCOUNTS.

ROTORUA TIMBER CASE.

ADJUSTMENTS NECESSARY,

An order that accounts be taken was made by Mr Justice Reed in the Supreme Court, Hamilton, this afternoon in the action in which George Thomas Lodge, timber merchant, of Rotorua (Mr E- Roe) proceeded against the Wilson Timber Mills, Ltd., of Rotorua (Mr M. H. Ilampson). His Honour observed that the whole transaction was marked by want of business methods. He held that no damages for inadequate notice terminating his employment were recoverable by plaintiff. Further, the Rotorua district in his opinion was a colloquial term and was wider,, than the borough limits. It was never contemplated that commission should he paid on timber supply to other timber companies. He believed it was intended that discounts should be deducted from plaintiff’s commission.

Regarding the shortages His Honour said he could not And that Lodge was responsible for them hut they would be subject to examination in the taking of accounts and if any shortages were found Lodge would have to make them up. His Honour said parties would have to be appointed to take accounts. He therefore adjourned the case sine die for further consideration.

Concluding Evidence.

Following is the concluding evidence after we went to press yerterday:— Bertrand Walsh, timber agent, of Auckland, expressed the opinion that it was imperative for a timber agent to keep a tally of timber consigned to ids yard. William John Lilias, yardman employed by defendant company at Rotorua, said he took stock of the timber in plaintiff’s yard last February, and plantiff agreed with his tally of 35,895 feel. John D. Young, in charge of defendant company’s Rotorua office, stated that the invoices showed all lhe timber consigned by him lo Lodge's yard. Witness made copies of ail the invoices ami sent them to Lodge. During 1932 and 1933 Lodge was doing substantial business for the company and seemed quite satisfied. Witness denied that Lodge repeatedly complained to him of tho alleged negligence of lhe lorry drivers in delivering limber. Had Lodge complained seriously lie would have taken immediate action lo investigate Hie posiliou. Lodge casually complained of one small breakage, but did not produce a tally when asked for one. Apprised of Hie deficiency in his stocks of £292, Lodge maintained that lie could not account for the shortage. Had Lodge complained of any shortage in consignments witness could have found out how it occurred by inierviewing the lorry drivers. T'liis concluded Hie case for the defence. llis Honour stated that, on the face of it there appeared to bo necessity for the taking of accounts. The case was adjourned until this morning.