FLAX CROP’S FAILURE
HEAVY DAMAGES SOUGHT. AWARD OF £ls TO COAIPANY. Specimens of growing flax plants and dried flax sped were displayed and cultural methods discussed in the Auckland Supreme Court on Alonday, when Air. Justice Reed concluded the hearing of a claim for £338 15s special damages, and £IOOO general damages, by the Hauraki Flaxgrowers and Hemp Producers’, Ltd. (Air. Holmden), against Thorp Brothers, of Paeroa (Air. Tuck). Judgment was given for plaintiffs for £ls. Plaintiffs claimed defendants negligently carried out the preparation of two and a-lialf acres of land and its sowing with flax, so that, the seed, valued at £3OO, became a total loss, the company lost the sale of the plants expected, and was delayed a year in its operations. The defence was that defendants were not experts in the work, that sowing was complicated by the condition of the seed and that the failure was due partly to the condition of the ground, of which plaintiffs had been warned, and partly to drought; Further lengthy evidence was heard. The Judge said the onus of proof lay with plaintiffs. Flax culture along the lines indicated in the Case appeared to be largely new, both of plaintiffs and defendants, and very loose arrangements about the work had been made. He was not satisfied any distinct instructions about sowing had been given to defendants. His Honor directed that defendants should refund to plaintiffs £ls of the moneys paid for the work. Costs on the Alagistrate’s Court scale were allowed.
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Manawatu Herald, Volume XLIX, Issue 3847, 20 September 1928, Page 2
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251FLAX CROP’S FAILURE Manawatu Herald, Volume XLIX, Issue 3847, 20 September 1928, Page 2
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