CLAIM AGAINST BAKERS.

Gisborne Times, Volume XXVI, Issue 2246, 18 July 1908, Page 2

CLAIM AGAINST BAKERS.

DAMAGE FOR PLAINTIFF. Judgment in the case of tlio Cooperative Supply Co. (Mr. Stock) v. Samuel AVootton and AVilliam Richardson (Mr. H. Bright), claim for £l9 for alleged breach of contract to supply bread to the company’s shareholders, was delivered yesterday by Mr. YY. A. Barton, S.M. His Worship pointed out that the facts of the case were not in dispute,, and it was admitted that a breach of the contract and agreement- had been committed by the defendants, the only question being as te the damage plaintiffs were entitled to recover. Continuing, His Worship stated: '‘Counsel for defendants* contends that plaintiffs were only entitled to nominal damages, as the plaintiffs supplied thc bread to the shareholders of tiie company at tlie same price as they paid for it, and that therefore the company suffer practically no loss through tile defendants declining -to carry out the contract. In this lam unable to agree. The agreement provides that only shareholders in the plaintiff company aro to be supplied with bread at the prices mentioned in the agreement in exchange for coupons issued by the Association to shareholders, and that the plaintiffs be allowed a discount of -Jd per 211) loaf. The evidence of '.Mr. Brady, tlie plaintiff's manager, Is that the-company derived an indirect profit of about £5 per month under 1 the contract. It is admitted that- the bread was sold to shareholders of the company at the same price as they paid defendants for it, and that therefore the plaintiffs have suffered no loss -through the supply of -bread being stopped; but, as plaintiff company is a co-operative company, any loss sustained by the shareholders would be a loss to the plaintiffs. For the reason given plaintiffs are, in my opinion, entitled to recover more than nominal damage. It is difficult to accurately assess the amount of damage sustained by plaintiffs, but I think in all the circumstances £l2 will be a. -reasonable -allowance. Judgment ‘accordingly, with £3 10s costs.