CLAIM ON SALE OF GOODS

Dominion, Volume 12, Issue 281, 23 August 1919, Page 9

CLAIM ON SALE OF GOODS

AN INTERESTING DECISION. ' In the Supreme Court yesterday afternoon His Honour the Chief Justice (Sir Robert Stout) delivered judgment in the case of Biu'ch and .Co., Ltd., of Wellington, against Corry and Co., Blenheim. Burch 'and Co. claimed from tho defendants 7s. for goods- delivered under a contract. The claim included .£25 lis. for storage charges. .The question that the Court had to determine was whether the plaintiff company had a. _ right to ' claim for storage. The original contract wAs for the delivery of 200 tons of chalf f.o.b. Lyttelton, spread over a period. The question was whose duty was it to provide the ships into which i chaff was to be delivered. It was contended by the defendants that it was the duty of the vendors to find the ships. His was of opinion that the contention was wrong, as the cases were too numerous and clear to allow such a contention to bo made. Corry and . Co.' were informed that storago charges would be claimed if freight were not provided, and by not replying or repudiating this they had assented to it. Further, His Honour was of opinion that defendants were liable becauso they did not provide ships for the carriage, of the goods, and it was their duty to do so.' Their refusal to pay for storage rested entirely on the assumption that the law was that the vendors had to find the ships. _ . Judgment was given for plaintiffs for the amount claimed with costs.. At tho hearing Mr. M. Myers appeared for plaintilfs aud Mr. A. W. Blair for defendants.