LAW REPORTS.

Dominion, Volume 6, Issue 1593, 9 November 1912, Page 3

LAW REPORTS.

: i SUPREME COURT. AN. APPEAL ALLOWED, In the Supremo Court yesterday morning, the Chief Justice (Sir Robert Stout) heard an appeal from a decision of jjr. A. M'Arthur, S.M;, tho point at issue being tho reading of a contract for the supply of art metal radiator fronts. The parties Were Claude William illingworth and William Caton, appellants, and Thos. Ballingor and Co., Ltd., respondents. Mr. J. J. M'Grath appeared for tho appellants, while.Mr, T. C, A. Hislop appeared for tho respondents. In tho action in the Court- below 11ling Worth and Caton proceeded flgainst BaJlinger and Co. to recover the price Of three dozen radiator fronts. They alleged that Ballingef and Co. ordered threo dozen fronts, which were to be supplied at .{23 10s., on condition that they guaranteed to take a further threo dojwn at the sanio price at a later date. In defence, Ballinger and Co, Said that they were .given' two offers, viz., six dozen in two lots at .£23 10s. per lot, or three dozen at MB 10s, They took three, dozen nt 10?., and claimed that, by paying the extra jBS; they w'ero relieved of their obligation to take a further three- dozen. Tho magistrate decided in favour, of Ballinger aud Co., and held that they could fulfil their contract by paying J25. Prom this decision Illingworth and Caton now appealed, on the ground that it was erroneous in law. After hearing argument, his Honour held that the contract could not bo -read in the way it had been read "by the. niag* istrate, Having taken three dozen fronts at the six dozen price, Ballinger and Co, were bound to take tho fufthfcr ttreo dozen. The appeal was therefore allowed with Jive guineas coats.