“POETIC JUSTICE.”

Manawatu Standard, Volume XLVII, Issue 8, 7 December 1926, Page 7

“POETIC JUSTICE.”

UNUSUAL CIVIL ACTION. CLAIAI AGAINST SHOWAIAN. Rather unusual circumstances surrounded a case that came before Mr J. L. Stout, S.AI., at the Magistrate’s Court this morning, the claim being ior the, balance of moneys allegedly owing by a traveliing showman to a firm of wholesale confectioners who had supplied him with chocolates to be used as prizes in connection with a side-show at the Winter Show.

Plaintiffs were Trigger and Taylor, of Palmerston North, and defendant F. E. Willoughby, of Hastings. For the former Mr Hill (Feikling) appeared, while defendant was represented by Mr Grant. The circumstances, as related by defendant’s counsel, were that his client had, at the time of the Winter Show, commissioned plaintiffs to procure for him 24 dozen boxes of chocolates to be used as prizes in connection with a stall he intended to conduct here, defendant asking that boxes of a value of between os and 8s 6d be supplied. The magistrate (smilingly) : I hope the game wasn’t one of those declared illegal in Auckland. Mr Grant: It may have been on the border-line.

Proceeding, counsel stated that showtime had come around, and that his client had been supplied with the first portion of the chocolates. The boxes, however, had not appeared to him to be of any greater value than 6s each, and he objected to being called on to pay 6s 9d each for them. He had had to accept delivery of them, because, if he had not, he would not have been able to conduct his stall. His Worship: It doesn’t .matter so much if he got the money out of the public. Mr Grant: What he objects to is having to pay more than -what he thinks the value was.

“Poetic justice,” remarked the magistrate with a smile. Mr Hill stated that plaintiffs had to pay 6s a box for the chocolates, and the extra 9d represented their handling and other charges. Defendant, before he had received the chocolates, had signed an undertaking agreeing to pay 6s 9d and to take two gross. Actually, he had not taken the last nine dozen. His Worship: What happened to that lot ? Mr Hill: They were left on plaintiffs’ hands, and they subsequently got rid of them at 6s 6d per box. The claim includes the difference between the cost and the contract prices on this nine dozen. Mr Stout: If they were left on plaintiffs’ hands and they had to get rid of them at a loss they are entitled to the difference. Mr Grant: The sum at which they were disposed of shows what they were worth. Mr Hill pointed out that defendant had taken 15 dozen boxes after he had known that the price would be 6s 9d. His Worship: Did he sign up after seeing them P Mr Hill: No ; before. His Worship: I think plaintiffs are entitled to the amount they claim (£lB 6s 6d) and judgment will be for that amount with costs.