LAW REPORTS

Dominion, Volume 10, Issue 3129, 6 July 1917, Page 7

LAW REPORTS

FULL COURT,SITTING A TRANSACTION IN LAMBS A sitting of the Full Court, was held yesterday to hear argument on law points in a caso removed from the Supremo Court, at. Wanganui. On the Bench were Their Honours Mr. Justice Edwards, Mr. Justice Cooper, Mr. .lustico Chapman, Mr. Justice Him and Mr. Justice Stringer.

The case was one referring to n, transaction in lambs, the plaintilis being Bicbard Farley and James Farley, of Wanganui, farmers, and the defendant Charles Albert Loughnun, solicitor, of Palmerston North. Mr. 0. 0. Hutlon. of Wanganui, appeared for plaintiffs, and defendant was represented by Sir John Findlay, K.O:, with him Mr. Harold It.' Cooper, of Palninrslon North.

The statement of claim set ont that In Octobor, 1916, an agreement was entered Into for the sale of all plaintiffs' lambs (shorn) from 4020 owes depasturing on their station near Hunterville. tho plaintills' (or vendors) reserving tho right to tako out, 350 of tbo best, ewe lambs, at, tho price of' Ms. each. The plaintiff also agreed to allow the purchaser to reject 5 per cent, of tho lambs yarded. There were other details in the agreement to purchase which was ostensibly made between tho plaintiffs and Johnston and Davis, of Palmeraton North, hut the plaintilis claimed that although not' mentioned in the agreement, tho' defendant was as a matter of fact tho purchaser from the plaintiffs under bitch agreement. Plaintiffs claim that they wero ready and willing to deliver tho lambs, but tho defandant refused to accept, delivery, and therefore plaintiffs claimed £530 damages. The defence was that It wiib an express term 'Of the. agreement that, the lambs should be shorn, and an expressed or implied term of tho agreement that the lambs should be docked, but at the fjmo tho plaintiffs offered delivery a largo number of the lambs were unshorn and not docked. Defendant thereupo.n olaimed that he was entitled to refuse delivery of tho lambs. Further, he counter-claimed for £540 damages, as he had arranged.to buy tho lambs at 14s. per head, and that at tho time for the completion of tho agreement tho lambs, if properly sliorn and docked and tended by tho plaintiffs, would have been worth at least 17s. per head. After hearing argumont tho Oourt reserved its decision.