SHEEP DEALING.

Hokitika Guardian, 28 March 1924, Page 4

SHEEP DEALING.

A FORWARD DELIVERY CASE DAMAGES FOB £2OO.

jßf-ENiJELM, March 26. Reserved judgment was delivered by Mr T. E. Maunscll, S.-M., in an interesting sheep ease in which Campbell Gee, farmer, claimed from Cony and Company £2CO damages for the failure ol' defendants to take delivery and pay for 480 lambs sold to them on forward delivery. The price was twenty shillings each, and in the sale note the vendor agreed to treat the lambs “in a proper and husbandlike manner.’’ T't.e sale was made through Clouston and Pvne, as agents. The lambs were subsequently inspected by Mr Lester, defendant’s agent, and he, finding them on the small side, promptly refused delivery. lie did so after enquiring whether they had been fed on rape, being told by plaintiff that they had not. The defence on the merits was that plaintiff did not treat the lambs in a proper and husbaiullike manner, in that they were insufficiently fed.

The Magistrate’s judgment proceeded;; “At the time of the sale plaintiff indicated that the lambs would probably be fed on rape, but he firmly refused to bind himself to do so. Clearly, therefore, defendant took the risk in this respect. When lambs are sold on forward delivery the obligations of the seller are clear. He does not have to fatten them. It is sufficient to take all reasonable steps to provide them with sufficient food, either of natural pasture or artificially-raised crops or both, to enable the lambs to develope normally. If they do not thrive from circumstances beyond the control of the seller, such as adverse weather conditions, it is the buyers’ misfortune, and it was his voluntary speculation, just as it is his good fortune if they flourish on account of a favourable season. The case for defendant is based entirely on presumptive evidence. There is the fact that the lambs were not n good quality store lamb; there is the further fact that the plaintiff’s neighbours’ lambs were of better quality. There is also the fact tlnft under ordinary circumstances defendant might have reasonably expected to get a substantial percentage of fat lambs off the mothers and none of these, or very few were fat. When the plaintiff sold the lambs (defendant having refused to complete the sale), they realised considerably below the average price for store lambs at the sale.

“The plaintiff’s reply is that the season was adverse on account of excessive dryness, and that his neighbours had a better quality ewe than he, and also that his lambs were late. He says he tended and fed them in a reasonable, and proper manner. This fact is testified to by his manager, Lawrence, who says he treated them in the •same manner as if they were not sold. He gave details of the food provided, which is reasonably sufficient. In ray opinion, the evidence for the -deiendant does not go further than raise a suggestion, perhaps a .strong one if the evidence of the plaintiff is disregarded, that plaintiff may not have properly tended the lambs. The explanation of the plaintiff is, I think, reasonably credible, and I find that the defendant’s allegation is not proved.” A further defence was one of law, namely, that the plaintiff did not deliver o’ tender delivery until January 28th., whereas the last day for delivery was January oth. In Utis connexion the Magistrate found that delay in deliver'- was not due to plaintiff’s failure to deliver, but because of defendant’s failure to attend the place of delivery in order to accept delivery. Ti-e defence failing, plaintiff was entitled to the lull amount claimed, ant. judgment was given for £2OO, with costs and witnesses’ expenses. The ebsts totalled £l6 18s. •‘This case,” added the Magistrate,

“„ocs to prove the necessity for the purchaser buying on forward delivery. The defence failing, plaintiff was entitled to the full amount claimed, and judgment was given for £2OO. wn.li costs and witnesses’ expenses. - Ihe costs totalled £lO 18s. “This case,” added the Magistrate, •Vries l() P lov< ‘ 'l'° necessity lor the purchaser buying on forward delivery inspecting the lambs from time to time to see that they are properly looked after.” ,