<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify;"><strong>MILES J</strong>. </p><p style="text-align: justify;">The plaintiff in this case claims the sum of £81 5s. Advanced to the defendant on account of the hire of a motor lorry No. 0972 and there is a claim for damages for breach of contract, it being alleged that the lorry was in a defective condition. The lorry was hired by the plaintiff from the defendant for three months commencing on December 2, 1955, under an oral agreement. There is a conflict of evidence as to whether the rate of hire was £3 10s. Per day or £350 for the period but in view of the conclusion to which I have come it is unnecessary to go into this issue. A written agreement was prepared by the defendant but the plaintiff refused to sign it because it contained a provision that the plaintiff should be responsible for the salary of the driver, to which the plaintiff had not agreed.</p><p style="text-align: justify;">The lorry was delivered to the plaintiff at Jaware on December 10, 1955. It was accompanied by a driver supplied by the defendant who has now gone to the Senegal and cannot be tr…</p>