SUPREME COURT

Dominion, Volume 8, Issue 2514, 15 July 1915, Page 9

SUPREME COURT

AN APPEAL

In tho Supremo Court yesterday, His Houoiir Mr. Jlustico Chapiuitu heard an appeal from the decision of Mr. W. G. Eiddell, S.M., in the caso in which A, AL'Lean, wool-buyer, was tho plaintiff, and George I'orenian, shcepfnrmcr, of Gladstone, the defendant. In the original action plaintiff claimed that the defendant, through his agents, Messrs. Dalgety and Co., sold him his clip at 0 3-sd. for fleeces and <kl. for leeks. There were 74 bales of. fleeces. Tho sale wis effected, but owing to an objection to ono of the conditions, delivery of the wool ■\vfi9 refused, and defendant sold his wool through other channels ut an increased price. Tho condition was in connection with the allowance made on bales of wool for what is known as "taTe and draught.-" Plaintiff being deprived of t'ho wool, which ho intended for tho London market, claimed JJI97 7s. Bd., being the difference between the price which was to have been paid by defendant, and the amount tho wool might reasonably have been :ex-< peoted to realise in.London. For the defence it was contended that the whole question was ono of agency. There .was" a denial that a contract existed. On Juno 15 last tho Magistrate delivered his-re-served judgment, awarding the plaintiff (Charles'.A. M'Lean) the amount claimed, •£197 7s. Bd., together with costs and witness's expenses totalling £la 2a. It was against this decision that the defendant yesterday appealed. Mr. P. L. Boilings, of Mastertoni appeared for the appellant (Foreman), while Mr. A. W. Blair appeared fof the respondent (M'Lean). Decision was reserved.