Important Seed Case.

Feilding Star, Volume XVI, Issue 272, 21 May 1895, Page 2

Important Seed Case.

+. . At the Palmerston Court j'estcrdiiy W. K. Simpson sued the Farmcis' Alliance, claim £25 12s 6<i. Mr Baker for plaintiff, and Mr Hanking for defendant. Mr Baker, in opening- his case, said :be plaintiff hsd purchased cocksfoot seed of a certain quality from the Alliance, but instead of cocksfoot being- forwarded to the p'aintiff, he had received what was generally known as " husks " which was merely the shadow of cocksfoot. Mr Simp, son had sown the seed, but it did not germinate. He would endeavour to show that the seed forwarded to Mr Simpson had been proved by other buyers to be of no use, and had been sold to the Alliance for 4s per bag. John Keid, manager of Pascal's estate, Chas. Dunk, A. Morrison and F. Luxford gave evidence as to visiting plaintiff's property and inspecting the land where the seed was sown. 'I here was not the slightest sign of cocksfoot, but on the head lands there was a good crop of rye grass growing. R. S. Abraham and his firm formerly owned the seed business now being 1 carried on by Barraud and Abraham, "When the latter purchased the business they oid not take over the whole of the seed. The seed left on the hands of witness' firm was sold by auction as condemned seed to W. Richmond, of Campbelltown, Merchants as a rule tested the germinating power of seed. If they did net it was their duty to do so. Lionel Abraham, member of the firm of Barraud and Abraham, gave evidence as to certain cocksfoot and turnip seed being condemned when his firm had taken over their present business in January, 1892. An attempt was subsequently made to sell some of this condemned seed to witness' firm after it had been disposed of by auction, but he had refused to purchase, having recognised it instantly as the seed that had been condemned. Cross-examined by Mr Hankins, witness said bis firm did not guarantee any seed they sold. Henry Simpson and Walter Simpson, sons of the plaintiff, deposed that they had sown in the paddock the seed which had not germinated. H. Hickford, carrier, said he had sold the seed to Barraud and Abraham for Mr W. Richmond. Mr Abraham refused to accept delivery of the seed and it was then scld to the Alliance. He had simply sold the seed at Mr Richmond's request. John Kennedy also gave evidence in reference to the seed condemned by Messrs Barraud and Abraham. Walter Simpson, the plaintiff, deposed that he visited the Alliance Jast year, and purchased cocksfoot seed of a good, quality at 5d per lb. The seed was delivered in due course and be instructed his sons to sow it, The seed bad been sown care* fully, but it did not germinate, not a blade appearing above the surface. Mr Hankins' in opening his case, said the seed in question was the seed that was sold by Barraud and Abraham as condemned seed. There was no attempt to deny that. At the same time it would be proved that when the Alliance purchased the seed they knew nothing about it. They sympathised with Mr Simpson, but could not consent to the demand made upon them, He called Albert Beale, employed at the Alliance who said he remembered taking an order from Mr Simpson at the store in September 1894 for seed. Plaintiff merely asked -witness if he had any cookfoot seed, and he replied "yes, come up stair* and I will show it to you." Plaintiff followed witness upstairs, and after taking a sample out of four sacks, said he would purchase the seed. A few days later this seed was forwarded to plaintiff. Walter Richmond, farmer at Campbelltown, said he bought seed at Stevens and Gorton's auction sale, and sowed 20 acres on his farm with satisfactory results. He had cut seed from it this year. He had not the slightest doubt that the seed be bad sown was the same that he. purchased from Stevens and Gorton. Woods, employed by Stevens, and Gor. ton, had recommended witness to buy the seed. Lionel Abraham recalled, said his firm condemned the seed because some of it bad been tested and would not germinate. Any person purchasing this, seed could hardly discover the difference be- *' tweeu it and other seed. After counsel bad addressed the Court. His Worship reserved bis judgment.— Standard.