CONTRACT FOR SALE OF CHAFF

Dominion, Volume 12, Issue 280, 22 August 1919, Page 5

CONTRACT FOR SALE OF CHAFF

A QUESTION OP STORAGE • CHARGES. Tii the Supreme Court yesterday, bofoi'6 His Honour 'ho Chief Justice (fiir Robert Hlout,), ihe hearing of the. rase of Burch and Co., Ltd., of Wellington, against Corry and Co., of Blenheim, an action to recover J:374 7s. for chalf sold iind delivered, and storage and other e'liirges, was eonchuled. Jh'. M. jl.vsrs appeared for the plaintiffs, and Mr. A. \V. Blair for the dofciiuants.

Tlio original contract was for 200 lons of chaff, f.o.b. Lyttdton, at ,t7 per ton, deliveries spread over the'months from April to November. The statement of defence admitted (he contract, but denied delivery of the shipments in question—tivo shipments of -2 tons and 23 tons, respectively, shipped f o.'b. at Lyttelton in November, I'JlS— anl alloyed that the plaintiffs refused to deliver chuff to tiie defendants under the terms of the contract.

The point raised by the defendants was as to whose duly it was to provide shipping space .in an t'.o.b. contract. Evidence for the plaintiff was heard on Tin-sdny, and the case was adjourned until yesterday to enable Mr. Cor 17 to be present.

Air. Blair yesterday contended that it was the duty of the Keller to provide shipping space, though lie had no authorities to quote 011 the subject. Mr. Blair also submitted that the chair was not of the quality contracted fur, and that delivery was only taken because the chuff was essential for the firm's purposes.

llis Honour said that he could not see how counsel oould raise such a point, in view of the fact that the iirm had taken the chaff and disposed of it. The whole c;uestion appeared to be whether Burch and Co. hail a right to charge storage while the goods were awaiting shipment.

Evidence was given by J. J. Corry, grain merchant, of Blenheim, and at 1110 conclusion llis Honour reserved his decision.