Page 4 Advertisements Column 3

Kaipara and Waitemata Echo, 7 April 1921, Page 4

BRANDY AND BEER — <&. A HELENSVILLE CASE A sequel to a case heard at the Helensville court eorne months eiro was before Mv Justice Stringer at the Supreme Oouvt, Auckland, "on Mon day last. Archibald Bishop (Mr Field") late licensee of the Terminus Hotel, Helensville, appaaled against a decision by Mr F. K. Hunt, S, Mawarding £40 10s to Robert W. Outhbert (Mr Anderson), hotelkeeper, Helensville, being the value of 18 gallons of brandy which were spoilt by being placed in a beer barrel lined with bitumen. Mr Field contended that the risk passed with the property, and that when the brandy was measured (for the purpose of sale, by Bishop to Cuthbert, who was taking over the hotel and stock) and placed in the boer barrel the liquor was quite good-. Had Outhbert afterwards put the brandy in a brandy keg instead of allowing it to stand ii the barrel for three months, it would not have been deteriorated by the bitumen. The purchaser was present when the measuring took place, and was therefore a pjrty to it being placed in the barrel. His Honour asked whether, if be bought a silk hat, and the vendor placed it in a greasy box with the result that the hat was 'damaged, lie had to stand the loss. He might take it out of the box immediately he got home, in which case the damage would be less than if he had left it in the box for a week. Again, was he to suffer if a milk vendorplaced perfectly fresh milk in a dirty receptacle with the result that the milk, instead of remaining fresh for k certain number of hours, became sour quickjy ? If he bought wine which was placed in a bottle containing a deleterious substance, which, however, would not have a bad effect on the wine if he drank the liquor at dinner when he got home, was he lo suffer the loss of the wine if it went bad after he had kept it a week ? Mr Field replied (hat in the present case the purchaser whs not relying upon the seller's skill and judgment. Ho saw the brandy placed in a beer barrel instead of in a brandy keg. Hi* Honor said thnt personally he did not know the difference between a beer barrel and a brandy keg. The purchaser had a ri^ht to assume the receptacle was a proper one. The vendor might have brought one containing sheep dip. In dismissing the appeal, his Honor said it was doubtful whether the pur chaser oouid successfully invoke the provisions of the Sale of (roods Act in support of his claim. But there was another ground upon which he could retain his verdict. When the brandy was purchased it had t<» bo measured by the vender, and it was the latter's duty to provide a receptach. Tho purchaser could not be expected to go about with one. The vendor provided a barrel which was unquestiouably unlit for the purpose,and tho value of the brandyjgwas destroyed. In the circumstances there was an ample undertaking by him that it was reasonably suitable, and there bud bean a breach of that implied undertaking. It seemed, concluded his Honor, absurd to suppose if the barrel had been perfectly lit for the purpose in all resyecrs pxcept one. numely that it was leaky, which the purchaser might not observe because it was not apparent at the timo of the measuring, that the vendor could claim to be paid for the brandy th. t had been allowed to escape by reason of the defective receptacle ho had provided. There wns no onus upon the purchaser to enquire into the condition of the receptacle. The wholo responsibility rested upon the vendor. That was good sense, and ho believed it to be good law. If it was not good Jaw, it ought to be. The appeal would be dismissed with costs. THE LAND BOOM. Some potted philosophy was given to the members of the Manawatu Land Drainage Board by the ohairnian (Mr E. Wood). « All you farmers have been living- up in the j air for the last few years," he said. "And you never expected a reverse. Now a reverse has come along, everyone you see goes around with a long | face." It was alright for the meu who had acquired their laud cheaply, but vhe speaker commiserated " the poor devils" who had bought their land at higher prices while the boom was on and would have little chance of getting their money back. He added that though the farmer had lost in many ways through the war, most of them had made money and they must now be prepared to lose some of it. They could not expect to go on 1 living at the same high rate all the I timo. ''My own son is planting 50 acres of timber trees," said Mr Qeorge A. Green (Dominien organiser of the Nurserymen's Association), in conversation with a Times roporter on Saturday "and I tell him that when he is 50 years old, some 20 or 3 0 years from now, he needn't- call the King his uncle. Tree-plauting is ' one of the very best ways of making provisions for your old age." I Woods' Great Peppermint Cure, ; '' For Coughs and Colds, never fails.