SEEDS FOR FARMERS.

Motueka Star, Volume II, Issue 76, 6 May 1902, Page 4

SEEDS FOR FARMERS.

A decision of interest to thefarming community was -, given at Auckland, last week, by Mr Brabant, S.M., in the cas? of James Wallace v. A. H. Grain-' ger. Plaintiff claimed that in October last he purchased from defendant twelve bushels of Tartar oat seed. The oats supplied were not Tartar, and plaintiff claimed £lO damages. In giving judgment, his Worship said the evidence disclosed that only Tartar oats could be profitably^sow non plaintiff’s farm at Papatoitoi so late in the season. Plaintiff asked to be supplied with Tartar oats, but the oats delivered to his cart turned out to be Danish. Had they been Tartar the crop would have been 2j§- tons per acre, whereas the yield was only three-quarters of a ton per acre. The defence was that defendant by custom and by the conditions printed on his invoice gave no warranty as to 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 his attention had been drawn to it in any way, judgment would have gone for the defendant, but the case was distinguishable from that, as plaintiff denied receiving 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 bad 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 be more careful to bring it to the notice of the buyer. Judgment was accordingly passed for plaintiff fo- the amount claimed (£10) and costs.