A DEAL IN SHEEP.

Dominion, Volume 3, Issue 876, 23 July 1910, Page 8

A DEAL IN SHEEP.

REFUSAL OF DELIVERY. Our Masterton correspondent writes": A case in which a good deal of interest is centred-was commenced in the Magistrate's Court at Slastortou on Thursday, and continued on Friday. Thomas Flint York, sheepfarmer, of "Bank View," Gladstone, claimed a sum of £75 from James Lee, contractor,' Lower Hutt, in respect to the alleged sale of certain sheep. .Air. C. A. Powuall appeared for plaintiff, and Mr. P W. Jackson for defendant. Evideneo was given to tho effect th-il defendant, who has. a. property in tho King Country, agreed in writing on April 4 to purchase from plaintiff 472 lambs at ss. per ' head, 77 lambs at 35.. per head, and S8 two-* tooth sheep at 9s. per head. Delivery was,to have been made on April 8, but, on that date, the agent of the defendant (Arthur ■ lorns) refused delivery, on the ground that the sheep were not identical with those purchased. For the defence it was alleged thai the sheep purchase/! were to have been placed in a ■ certain paddock until livery was made, and , were not so placed; that tho.number was short of those purchased; that the ,shcep were not marked as had been agreed upon ; and that a number ot cull lambs, had been rejected when the defendant, made his purchase, had been mixed with the flock. . A great deal of evideneo was taken on both sides. , Counsel for plaintiff contended that plaintiff, oven if he found sheep among a mob which were not -thoso ho purchased, should have accepted delivery of those he had purchased, rejecting the rest, and suing for the balance. For defendant, Mr. Jackson submitted that under the Salo of Goods, Act a purchaser could decline-'delivery if, between dates of purchase and delivery, a part or the whole of the goods were not of the same description,, as those purchased. The magistrate held that the weight of the evidence went to show that the sheep offered on dslivery were those purchased.. Judgment was'accordingly entered for plaintiff for £70, and £13-: 10s. costs. Security for appeal was fixed at £10.