LAW REPORTS.

Dominion, Volume 6, Issue 1579, 24 October 1912, Page 7

LAW REPORTS.

I SUPREME COURT. (Before His Honour Mr. Justice Chapmnn.) NONSUIT POINT ARGUED. In the. Supreme Court yesterday, Mr. Justice Chapman heard argument on a motion for nonsuit in the case in which Wesley Knight, farmer, of Otaki; proceeded against Samuel Smart Mason, farmer, of Lower Hutt, and Thomas Mason, farmer, of Manakau, to recover the sum of £215 as damages for alleged breach of warranty. The action arose out of a deal in seed potatoes, Knight purchasing II) ton's from the. Masons at .£li per ton. The Masons (it was'alleged) expressly wall-anted that the potatoes were not "blind," but the greater proportion of them subsequently proved to be "blind," and were consequently not productive! ' Hence the claim for damages. Hxpress warranty was denied by the Alasons, who said that the potatoes were good, sound, and fit for seed.- But the jury brought in a verdict in favour of Knight, and awarded him .£SO damages. His Honour entered judgment for Knight for £50 and costs, provisional on defendants being given an opportunity to inovo for nonsuit or for judgment for defendants. The question of costs was also reserved. ' In accordance with this leave; the defendants (Masons) yesterday moved for: (1) Nonsuit; or (2) a new trial; or (3) judgment for defendants. Mr. C. B. Morison appeared in support of the motion, while Mr. M. Myers opposed it on behalf of the plaintiff (Knight). After hearing argument, his Honour reserved decision.- . COUBT OP APPEAL. QUESTION OF COMMISSION. • At the Court of Appeal sittings yesterday, Mr. Justice Williams., presided, and sitting with him were Mr. Justice Denniston and Mr. Justice Edwards. The only | business transacted was the continued hearing of legal argument in the case of M'Kenzie and Harcourt and Co., which commenced on Tuesday and did not conclude until late yesterday afternoon. Mr. C. P. gkerrett. K.C., with Mr. J. H. G. Murdoch, of Napier, appeared for M'Kenzie, while Sir. John Findlay, K.C., with Mr. D.' M. I'indlny, appeared for Harcourt and Co. ' Their Honours reserved decision.