COURT OF APPEAL.

Dominion, Volume 7, Issue 2136, 30 April 1914, Page 11

COURT OF APPEAL.

THE JUDGE AND JURY DIFFERED,

DEAL IN OATS,

An Inv«rcargilt case'of ri somewhat unusual nature'was heard in the Court of Appeal yesterday. The appellant was .John Batfter. of Invercargifl, and the respondents Itobinsou aud San, Auckland. In his statement of claim in the original action in the Court below, Batgmsaid that, in November, 191.0, Robertson and Sou had agreed to soil him 2000 sacks of A grade Garton oats., at '2s. I i<l. per bushel, and that it was a condition of the agreement that tho onts should bo delivered f.o.b, at, tho Bluff. Bat-gcr paid over tho whole of tho purchase Amount (£1195 6s. 3d.), but Hobfirtson and Sou delivered only <534 -sacks, and hn-A wrongfully failed and refused to deliver this remaining 1846 eacksj the contract price of which was £BSB. Batuor had therefore claimed to recover £-888, or ; in tho alternative, damages for the noil-delivrry of 184-8 sacks of onts in terms of the contract. Robertson and Son Bad filed a stateincut of defence denying that it was a, condition of the agreement that the cats had to be- delivered f.o.b. at the Bluff, and, further, stating that they had landed all the oats tiiere, hut that Jolm Batger, acting without his rights, i ha 4 rejected poitdoii of the shipments. : Tho ease was heard before a special jury, who fojiiJd that Robertson and Son had failed-!o deliver to Batger, in terms of the contract, tho remaining 1846 sacks of oats, and that Batge-.r was entitled to recover £888. His Honour Sir Joshua Williams, who TJresicbcl at the hearing of the case in tho , Supremo. Court, however, gavo judgaicnt for the defendants (Robi).isan . aiicl Sons). Hr 1 - remarked that Batger : had shipped tho goods for Engkml by the Star of Canada (wliidi, by the way. subsequently bscanio stranded at Gisborne, and colisMei-able loss resulted' on tho oats shipmout), au3 that not until tour days after the vessel sailed had he made any complaint to Robertson Bfas., or refused to accept the cats. The oats when shipped, His Honour added, had become the pro- ' porty of Batger, and were at his risk I whoii tho Star of Canada was stranded. At the hearing of the appeal yesterflay th-ero w-ere on the Deneh Their I Honours tho Chief Justice (Sir Robert. r Stout), Mr. Justice Edwards, and Mr. I Justice Sim. Sir. W. C. Jl'Gregor, of Dunefliii, appsarcd for the appellant, and Dr. H. D. Bamford for tho respondent. The grounds for appeal were:—(l) His Honour's judgment was erroneeiis in fact and law; (2) such ftirUrtr grounds as wero disclosed by the foets of ike ca ; sc and the judgment. Mi's M'Gresor addressed tho Court during the afternoon, contending that on the finding of the jury the plaintiff, was entitled to' judgment. Tho casewill bo continued to-day.

CLAIM FOR. INTEREST. The Court also heant an appeal fey William Niche], a Taihapo jeweller, against a judgment given in. March iast year by His Honour the Chief Justice- (Sir Robert Stout). Tho respondent in the eftSβ - was TJiomas Agaug, fanner, of Nibo Niho. hi tho original action in the SuWosno Court, Agaug claimed from Xichol £2-38 7s. 7d., as interest at tho rate of 5 per ceut. on £1545 95,, the balance of tho Money jjayablo in the prirchasoof a lease-of a farm. v Niehoi's defcece was that ho did not owe interest on the balance of tlw purcliascnioiiev because th« arrangement was that ho was to pay £100 on account, and tho balance on tho completion of the lease, and thai:- this lie had done. Tho judgment of the- Chief Justice was a finding in favour of Agang for tho £238 7s. 7d, claimed, and £35 9s. ikl. costs. For tho hearing of this appeal, the Bench consisted of Their Honours Mr, Justice Dcnnistflti, Mr. Justice Edwards. Mr. Justice Sim, and Mr. Justice Hoskinft. Mr. W. J. Treadn-cll, of Wangftnui, appeared for tile appellant, and Mr. C. F. D. Cook, of Marton. represented the respondent. After hearing argument, the Court reserved judgment.