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Business Split Raised on Appeal A N appeal with unusual features,

29th January 1937
Page 51
Page 51, 29th January 1937 — Business Split Raised on Appeal A N appeal with unusual features,
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Which of the following most accurately describes the problem?

by Messrs. William Pyne and Sons, Carawall Road, Starbeck, Harrogate, opened at Leeds, on January 20, Messrs. Pyne appealed against the Yorkshire Traffic Commissioners' grant of a licence to the West Yorkshire Road Car Co., Ltd., permitting that company to take over from Seanor and Co., 10, Wedderburn Road, Harrogate, a Harrogate-Blackpool express service. • The appellants and Messrs. Seanor, it was explained, had for years operated on the Harrogate-Blackpool route

under separate licences. Each firm operated on alternate days, and, by arrangement between the two parties, express coaches were run daily under the joint title of White Coach Tours.

Mr. G. Thesiger, for the appellants, said that the present position had arisen because the West Yorkshire company had purported to purchase Messrs. Seanor's interest in what had been operated as a joint venture by Messrs. Pyne and Messrs. Seanor, and wished to provide a separate service on alternate days in competition with that of the appellants. The facilities which had been provided by Messrs. Fyne and Messrs. Seanor should be regarded as one service, similar in all moral respects to one provided by a partnership.

There was clear evidence that the appellant firm were willing to buy Messrs. Seanor's interest in White Coach Tours' goodwill, at the price that the West Yorkshire company was prepared to pay, but the appellants were given no notice of sale.

Mr. Thesiger described the applica

tion as an attempt to insert, without agreement, a partner in the management of a partnership.

Mr. W. R. Hargrave, for the " West Yorkshire," suggested that the confusion had arisen entirely in the mind of the appellants. At the hearing before the Traffic Commissioners, he said, it was agreed that, whilst there was an arrangement between the operators, it was only a working arrangement, and was not in any sense a partnership.

The contract between Messrs. Seanor and the West Yorkshire company was executed nearly 12 months ago, but the appellants had taken no step by proper action to obtain a declaration of partnership, in order to attempt to enforce what they considered was their right to acquire the interests of Seanor and Co.

The hearing was adjourned until yesterday ( January 28).

CHANGED TERMINUS CAUSES BIG LOSS.

ADEPUTATION from Aberdeen Motor Coach Owners Association was received by Aberdeen magistrates, on Monday, when additional facilities were sought for coaches to stand in Castle Street in connection with summer tours. Mr. W. D. Connochie said that the removal of the touring coaches, last year, from Castle Street to Guestrow caused the number of passengers to be reduced by 18,000, revenue dropping by £1,000 and 20 men losing their employment.

The magistrates decided to adhere to Last year's arrangements.