TUAKAU

Pukekohe & Waiuku Times, Volume 6, Issue 314, 28 September 1917, Page 4

TUAKAU

TURNIP SALE DISPUTE In the Auckland Magistrate's Court on Tuesday, before Mr E. C. J Cutton, S.M., hearing was commenced of an action in which E. C. Frost, of Tuakau (Mr Allan Moody), sued A. D. McCardle, of Mangere (Mr A. E. Skelton), for the sum of £IOO, in that in May of this yoar, by corresj pondence, the defendant agreed to | buy and the plaintiff to sell 38 acres of turnips, the property of plaintiff, situated at Onwhero. It was held that the defendant had refused to pay plaintiff and had repudiated and refused to perform the agreement or contract to purchase. After notifying the defendant of his (plaintiff's) intention t<j hold him (defendant) responsible for any loss resulting from the re-sale of the crop of turnips, he had them sold by auction at Pukekohe on July 30, when they realised £3O 18s. The plaintiff therefore sought judgment for (a) £69 2s, as damages, being the difference between the sum of £IOO agreed to be paid by the defendant for the crop of turnips and the sum of £3O 18s realised on the crop, and(b) the sum of £lO for general damages incurred by plaintiff in loss of time and trouble.

For the defence it was alleged that plaintiff represented that there was a good road for the sheep to be taken to the turnip crop, whereas in fact such was not the case; also that plaintiff had recognised that there was no such road, and had agreed to re-sell the turnips by auction. The ease was adjourned.