AUSTRALIAN PLASTER OF PARIS
CLAIM FOR DAMAGES SUCCEEDS. Reserved judgment was delivered yesterday by Mr., W. G. Riddell S.M., in the case of Jackson and Co. (Mr. 1. C. A. Hislop), who claimed £129 15s. IGd. damages from M ilson and Shaw (Mr. H. F. von Haast) in respect to the sale and purchase of fifteen tons of Australian plaster of paris, which plaintiffs purchased from defendants in September, 1918, and which later, it was alleged, proved to be defective. The plaintiffs sold eight tons of the quantity, and in each case the buyers complained that the material would not set. The plaintiffs stored the plaster in the bags in which it arrived in their store, which the Magistrate held was a suitable place for the storage of such material. The plaintiffs did not use the plaster for some time, and in February, 1919, sold two tons to Hansford and Mills, and in the following month the latter complained that the plaster was defective, and refused to pay a balance of £ll ss. 2d. then due on their purchase. The plaintiffs notified the defendants of the defects of the plaster of paris. The plaster was not tested by the plaintiffs or defendants until the enzl of December, 1919, or the beginning of 1920, when it was found that the failure to set was due to excessive moisture. The defendants contended that the defective condition of the plaster of paris was caused by its being kept in an open store in bags for months, instead of being used at once. The fact that several persons found the plaster of paris defective led the Magistrate to conclude that it was of inferior quality when delivered to the plaintiff. “There is no evidence to show,” remarked His Worship, "that the defendants warranted the plaster of paris sold as being equal to English plaster of paris, but at the same time I am satisfied that they stated that its quality was good, and the plaintiff expected that it could be used in the ordinary course of business. Owing to defects, it was found to be useless, and the plaintiffs have been left with seven tons on their hands, which they can neither use nor sell.” Judgment was given for plaintiffs for £122 15s. 10d., and costs and expenses £l7 9s.
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Dominion, Volume 14, Issue 98, 19 January 1921, Page 3
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386AUSTRALIAN PLASTER OF PARIS Dominion, Volume 14, Issue 98, 19 January 1921, Page 3
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