INTERESTING TO FARMERS.

Gisborne Times, Volume VII, Issue 400, 26 April 1902, Page 3

INTERESTING TO FARMERS.

A LAWSUIT.,

(Per Press Association).; AUCKLAND, last night.

A decision of interest to the farming community was given by Mr Brabant, S.M., this morning, in the case of J. Wallace versus A. H. Grainger. The plaintiff claimed that in October last he purchased from defendant twelve bushels of Tartarian oats for The oats shipped were not Tartarian, and plaintiff claimed £lO damages. In giving judgment His Worship said the evidence disclosed that only Tartarian oats could be profitably sown on the plaintiff’s farm at Papatoitoi so late in the season. Plaintiff asked to be supplied with Tartarian oats, but the oats delivered .to his cart turned out to be Danish. Had they been Tartarian the crop "would have been 24 tons per acre, whereas the yield was only threequarters of a ton. The defence ,was that defendant, by custom and by conditions printed on his invoice, gave no warranty as to the quality, and two notices to this effect were in the shop. The question for decision was whether plaintiff was entitled to (recover the amount of damage suffered through the wrong description of oats being supplied. If it were clear that plaintiff had received with the goods an invoice with the conditions printed on it, or that lfis attention Had been drawn to it in any way, judgment would have gone for defendant, but the case was distinguished from that, as the plaintiff denied receipt of the conditions, and even if it were proved .they were sent, it was clear they were not sent with the goods, and could not have been received till it had become impossible to return the seed. Defendant had failed to satisfy His Worship that plaintiff was aware of the conditions, and it seemed to him that a seed merchant contending for such a condition must he more careful to bring it to the notice of a buyer. Judgment was accordingly passed for the plaintiff for the amount claimed, £lO, and costs.,