CONTRACT FOR SALE OF CHAFF

Dominion, Volume 12, Issue 278, 20 August 1919, Page 3

CONTRACT FOR SALE OF CHAFF

DUTIES OF BUYER AND SELLER

In the' Supreme Court yesterday, His Honour tho Chief Justice (Sir Robert Stout) heard the case of Burch and Co., Ltd., of Wellington, against Corry and Co., of Blenheim, a claim for .£37-1 75., for chaff sold and delivered and storage and other charges. .Ur. j'.i. ..lyers appeared for tho plaintiff, and Mr. A. W. Blair for the defendant.

T:he statement of defence admitted the contract, but denied delivery of the shipments in question, and alleged that the plaintiffs had refused to deliver chaff to tho defendants under the terms of the contract.

The chaff consisted' of two shipments —22 tons and 23 tons respectively, shipped f.o.b. at Lyttelton in November, 1018. The original contract was for 200 tons of chaff,- f.o.b. Lyttelton, at £i per ton, deliveries spread over the months from April to November. Mr. Myers said lie understood the real point the defendants wished to raise was as to whose duty it was to provide shipping spaco in an f.o.b. contract. Corry and Co. seemed to think that the duty lay upon the eeller, but his (counsel's) contention was that clearly the authorities showed that the duty of naming a s'hip or providing space lay upon tho purchaser, although in practice the seller gonerally placed the goods on board what was called a general ship. Evidence was given for the plaintiff, and the further hearing was adjourned until to-morrow to enable Mr. Corry to be present and give evidence.