JUDGMENT
MILES J.
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.
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…