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Business Agreement is Denied

9th January 1959, Page 47
9th January 1959
Page 47
Page 47, 9th January 1959 — Business Agreement is Denied
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Which of the following most accurately describes the problem?

WHEN an agricultural concern sold a VV retail coal business they agreed to support the buyer in obtaining a B licence to carry their goods. This was claimed by the objectors at Leeds, last week, when Mr. R. E. Thompson, Otley, sought a new B licence. Mr. Thompson and Wharfedale Agricultural Services denied that there had ever been such an agreement.

Mr. P. Kenny, for Mr. Thompson, said the coal business served 400 customers. but the vehicle was idle for lf days each week. • The conditions required were "farm and agricultural produce and requisites, Yorkshire, Lincolnshire, Lancashire, Cumberland, Westmorland and Durham." However, a modification would be accepted limiting the work to haulage for Wharfedale Agricultural Services.

Mr. E. Brown, a partner in the agricultural concern, said that when the coal business was sold to Mr. Thompson it was agreed that they would give him work if he could get a B licence, but this was not part of the terms of the sale. Wharfedale Agricultural Services had recently put another C-licence vehicle on the road and were using five local hauliers, but there was still enough work for Mr, Thompson.

For the objectors, H. Lund (Otley), Ltd., and R. and C. Marston (Otley), Ltd., Mr. J. D. Walker submitted that the coal business transaction could not be overlooked. The price paid for the vehicle and goodwill indicated that there was agreement over a B licence application. Both Lund and Marston had vehicles available.

.Mr. Kenny replied that the figures showed there was a reasonable coal business. Mr. Marston had claimed in the witness box that no experience was necessary for loading hay and straw, but this was typical of the attitude of many hauliers. Mr. Thompson was experienced in the field and could give customers a proper service.

Maj. F. S. Eastwood, Yorkshire Licensing Authority, refused the application on the ground that no case had been made out.


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