SUPREME COURT.

Hokitika Guardian, 23 March 1925, Page 3

SUPREME COURT.

SITTING AT HOKITIKA

MONDAY, MARCH 23d. (Before his Honour, Justice McGregor) His Honour took his seat at 10.30 a m AN APPEAL ADJOURNED. In re .J. Radomski v. W. J. llaseler, an appeal from the Magistrate’s decision. Mr Murdoch appeared for appellant and Mr Pilkington for respondent. Mr Murdoch stated the appeal had been partly heard before Mr Justice Adams at last sitting. He suggested that the hearing he further adjourned to the June sitting to allow the case to he concluded before Justice Adams. Mr Pilkington concurred to this course. His Honor agreed and argument was adjourned to the June sitting. IN BANKRUPTCY. Sidney W. Richardson applied for an order of discharge in bankruptcy. Air Sellers for applicant. His Honor said the report appeared favourable. The discharge would lie granted. ALLEGED BREACH OF CONTRACT. William Jeffries v. John Cron, a claim for a broach of contract in regard to the sale of 1 10 bead of cattle. Mr Thomas appeared for the plaintiff and Mr Murdoch and Mr Hannan for the defendant.

Mr Thomas said the plaintiff and Charles S. Neville are the holders of a lease in South Westland and they instructed a man named Wallace to go south to buy cattle to stock the area. Wallace went south and saw Cron and later a contract was entered into to buy 100 three-year-old bullocks and 10 to 50 3-year-old heifers. Lengthy correspondence between the parties was read and put in, ill which ail agreement Lo sell was reached and later Cron cancelled the sale.

William Jeffries deposed he was an auctioneer at Hokitika. Am in partnership with Mr C. S. Neville in the l’oeroa run. Had an experience of '2O years. Sent John R. Wallace south to liny cattle in August. Wrote to Cron and others to this effect. Know of the deal on the day witness sent the confirmatory wire. AY'rote the letter of Kith September, covering the telegram. (Correspondence put in). As lnr as

witness was concerned it was hound up in the letters lie fore the Court. Witness was a shareholder in W ataron

sale yards 9 to 10 years ago. Had attended the sales there. Known Cron’s cattle. They are the host on the Coast, Ileretords, almost pure. At Wataroa sales they always command flic top prices. In describing a line, the preponderance of those in it would tie so called. It the steers had been sold at Wataroa they would have brought C 10 to til. and the heifers CO to CIO. The heifers were an exceptional lot. The market price for cattle had an increasing value in October and November.

To Mr liaiinaii —Was a personal friend of Mr Cion and had advised him from time to time as to the disposal ol his cattle. lie advised Cron in I'Vlirunry, 1021. not to sell his eatlle then. Purchase of cattle was on behalf ol the narlnershi’i of himself and Neville, and that a ■commission be paid i” Jeffries and Co. lie took it that his (inn were the agents tor ( ion and that he was buying tor the Poerna run. Witness did not disclose to Mr ( roil iliaL he was buying for himself. Mi’ Neville is Stock Inspector at Hokitika. Witness’ first communication to Cron was on fifth August. AYallaee had been working for witness on wages mi the run and buying cattle lor himlie was a servant of the firm. I'orward stores are cattle that require (’> weeks to two months to top off' and fats are those ready for the fat -lock market. Stores are the lowest coudi-

tion of cattle. . I oil n Richard Wallace deposed he was a sheep and cattle dealer. In August- last lie went south In look lor sheep and cattle, and went to Crons. Vd<ed Cmn lo show Hie cattle lie had s; ,le. Went up the river to look at tie- cattle. Mixed with two-year-olds there were three-year-oki steers and heifers. They were forward stores. There were a few fats there also. Cron said he had UK) bullocks and 50 heifers for sale. They were throeyea r-olds. Made an offer to cover the hit Offered £7 for the bullocks and lor 30 heifers. Cron did not accept the offer. Left the oiler open till he came hack from Nolan’s. When witness returned to Cron, olfered C< ,- )S f l>r the bullocks and 30 heifers at Witness wanted all the bullocks hut not all the heifers. Cron said he would take £7 10s for the bullocks and £5 lor the heifers, the full fine. I.atei- rang through from Weheka to Cron. Could just hear him, and the message had to ho transmitted through the ladv at Mahitahi Office (Miss Condon) Witness said he would take the bullocks at. £7 10s. and the heifers, 10 at £5. Cron said there might he r,O heifers. Witness eventually agreed to take all the three-year-old cattle ,100 bullocks and 50 heifers). Witness wanted delivery at Wa.ho to suit Cron about the end of October. When thev bad finished the conversation he considered delivery was to he at Wailio and witness agreed that the commission was to be 2} per cent. Advise Jelfries of the deal and that was all !, t , knew except for the correspondence put in. Was a buyer of experience. \ l|( , cattle would improve from September on, as it was spring. Ihe >ee market started to improve in ( > c He considered the bullocks would l.aie easilv brought the top price. M lines* , r „ve £U at the sale for some oi tnese cattle. Did not see a better hue '» South Westland than Cmn s. H.m mr.de an oiler to Mr Armstrong to. 100 of these bullocks at £l2r„ Mr llannat.— Went to purchase the cattle on Mr Jeffries’ hehaU. Was , working on wages and had-no mte.est | in the matter. Did not tell C ion that cattle had dropped at the last Adding on sale. Said he would make a spo - in, offer of £7 7s fid lor bullock and 05 for heifers. Cron said £i 10s liis price for the bullocks. Cron ’lever said lie would have move than 100 bullocks. Witness agreed to buy • the forward store 3-year-old bullocks and heifers, whatever there happened to he Cron said he did not want m muster till the end of October. Thomas made application to join Charles S. Neville with Mr Jeffries as plaintiff in the action. Mr Murdoch objected to the application. He held that a stock inspector who inspected the stock should not he

a dealer in the same district. He protested against the application and asked for an adjournment to enable fresh pleadings to he put in. lie claimed that he could put it up that the contract was an illegal contract. Mr Thomas held that the opposing counsel could not he prejudiced by the application. Mr Murdoch said he asked for an ad-

journment to allow pleadings. In view of the objection made, Mr Thomas withdrew his application, and continued his evidence. William Frederick Deidrichs deposed

lie was a grazier of Kokatahi. Had a long experience of Hereford cattle, for'mnny years. Cron’s cattle were always good forward stores. All the drafts that came out of South W estlnnd in the spring were forward stores. Cron had the best cattle in South Westland. Judging by the previous drafts. Crons’ three-year-olds were worth at the AVatarfoa sale £lO per head. The heifers were suitable for breeding and worth £9 to £lO per

head and for grazing would not be worth so much. If the draught were in better condition than usual it would be worth more than he had stated. The rise started in August till the end of November.

To Mr Murdoch—He had not seen Cron’s cattle at Haast in September. The beef market was on the rise in September, in Westland and Canterbury. A drop of 7s per 100 on beef would represent about £2. It was because he expected store cattle to rise, that ho offered AYallaee £lO for Cron’s cattle. If his agent came to him and tried to get witness’ forward stores at £7 2s Oil lie would say good luck to him. At this time witness was prepared to give .£lO for them..

Thomas McNeill, deposed he was a butcher and dealer. Have known Cron’s cattle for ten years coining to AA’ataroa. In October the market came up a hit. II Cron’s 3-year bullocks had come forward in the usual condition they would lie worth up to £lO. and the heifers for beef up to £8 and if for breeding from £9 to £](). AATtness would sooner give a few shillings more for straight out Herefords.

David James S. Diedrichs deposed he was a butcher and farmer. He knew Crons’ cattle. They were always a good line. Recognised them as good forward stores and up to November the bullocks would be worth £lO and heifers for breeding up to £9. The rise was from September to November.

Norman Edmund Friend deposed he was a farmer of AVataroa. He had attended AA’ataroa sales and knew Cron’s Hereford cattle. On 22nd October he bought a line of Nolan's Hereford cattle at L'9 12s (id. Have sold a few. three at £l4. Cron’s cattle were equal to any cattle .south and if of better condition than usual, a better price. This was the case for plaintiff.

Air Hannan moved for a non-suit on the ground that tlie plaintiff cannot lie both agent and principal. In this ease Air Jeffries was the sole plain-tiff-anil lie was pill-chasing from the defendant for whom he was the agent.

Air Thomas asked for time to con sider the point and the Court adjourn ed at 12.30 till 2 p.ni.

AFTERNOON SITTING, The Court resumed at 2 p.m IN DIA'ORCE.

Emily Aland Henderson v. Archibald Kenneth Henderson for divorce. Mr -Murdoch for petitioner; respondent did not appear. Appellant gave evidence she was married on Bth November, 1901. at Hokitika. There was issue one daughter, aged 18 years. Her husband deserted her in February, 1920, and that desertion had continued ever since, and he had failed to contribute to her support since then. She gave him no grounds for deserting her. George AVimer deposed he was a miner of Riniu. Knew both parties. Served the service on respondent at To Kinga. When served Henderson said let her have a go. He said he would not defend it.

A decree ni-i was granted to be made absolute after three months Custody of daughter to lie given to flic petitioner. Costs against respondent on lowest, scale. JEFFRIES V. CRON.

Air Thomas replying lo the point raised by Air finnan, claimed that Cron had been advised by Jell l ies and Co that Wallace was buying for them, and therefore as the disclosure was made, under the eases quoted the nonsuit. ease must fail.

Mr Hannan field that the plaintiff must fail on the non-suit point, as the plaintiff had not disclosed himself lo ill* l seller.

His Honour asked how it would affect the partnership of Jeffries and Neville.

Mr Hannan held that in each ease plaintiff niusi fail and quilled a case in support. Ilis Honor said lie did not think he should non-suit at this stage. The evidence showed that Jeffries was not the purchaser, the purchasers being Jeffries and Neville, lie was going to adjourn the healing to lhe next silling. plaintiff being allowed to apply for Neville to be joined as eo-plaintill. He thought by this means justice would he given to both parties. Plaintiff to pay' costs of the day, CIO 10s allowed counsel with the necessary disbursements to witnesses.