SUPREME COURT.

Dominion, Volume 6, Issue 1847, 5 September 1913, Page 11

SUPREME COURT.

BROKEN TIMBER. CONTRACT. Five hundred pounds, for alleged breach of contract was claimed in the Supreme C«urt'\estejday. The plaintiffs wero Easson, Limited, of Wellington, and the defendants Curry and Co., of •Auckland. His Honour Mr. Justice Chapman was oil tho bench. Mr. T. C. A. Hi slop' appeared for the plaintiff, and Mr. W. C. Treadwell for tho defendants. The action concerned tho supply of timber. Plaintiffs said that defendants had ordered from them 54,000 wliito pine butter boxes- to be shipped to Sydney, and that when about 18,000 boxes had been shipped and paid for tho plaintiffs wero notified that tho credit at the bank • arranged for by defendants had been stopped beeauso tlie Australian party 1 had notified that green timber was com- ' ing forward. Plaintiffs had replied that ho had not contracted to supply dry boxes, and that tho goods wero as per sample. One of the plaintiffs' firm had visited Australia, and found that tho boxes had been, allowed to lie on a wharf there exposed to tho weather for threo weeks. , " ' It was stated in defenoe that the defendants acted as agents for tho North Coast Co-operativo Company, Byron Bay, Now South Wales, and that the plaintiffs Were aware of that; and that the samo applied to the transaction as regarded tho payments. Further, even if it-was held that tho defendants were •principals they had not declined to perform their part of tho contract, wliilo, 011 tho other hand, the plaintiffs had declined to prooeed with tho delivery of the contract, a default which would liavo justified the defendants in refusing to complote. His Honour found that the contract had boon brokon, and awarded plaintiffs £75 by way of damages. , BOUNDARY THROUGH HOUSE. 111 Chambers, his Honour Mr. Justice Chapman heard an application by Mr. H. Humphries for an order cavcat under the Land Transfer Act in regard to a Hawke's Bay property' occupied by Arthur E. Stanton, of Puketapu. It appeared that a boundary lino had been run through tho property, and had at tho same time gono the houso which was on the property. In Juiy, 1912, tho Public Trustee had lodged a cavcat against registration of any memorandum of transfer or other [ instrument affecting tho land acquired [ by Stanton. L "Tho caveat was extended for fourteen ! days 011 condition that an action would bo brought in tho Supreme Court, NaB pier, within that timo.