SALE OF SHEEP.

Shannon News, 24 December 1923, Page 3

SALE OF SHEEP.

ALLEGED BREACH OF .CONTRACT

At the Magistrate's Court at Palmerston, before Mr J. L. Stout, S.M., an action was commenced in which Michael Francis Bourke, of Wellington, farmer, claimed from John Puklowski, of Palmerston North, stock dealer, £73 15s, being ,the balance alleged to be owing for 307 ewes and lambs at 325, sold by plaintiff to. defendant on October 10, 1923. Mr W. S. iPark, Levin, appeared for plaintiff, and Mr H. R. Cooper, for defendant.

The plaintiff, in his statement of claim, set out to recover from the defendant the sum of £73 15s, being the balance alleged to be .owing for 307 .ewes and lambs at 32s sold by him to the defendant on October 10, 1923, a total of £491 4s, less commission £l4 14s 7d) and credit from the New Zealand Loan and Mercantile Agency Co. (402 14s sd), leaving the amount of the claim. An ajternative claim was for |£73„ 15s, damages for a breach of of contract for the purchase 'by the defendant of the sheep. Counsel" for plaintiff said the Matter's farm at Levin was managed -by Mr Best, who deposed that he sold the ewes and lambs to defendant. Defendant took delivery, but later, when 'the sheep we're taken to the Fleildmg yards, defendant alleged there was a shortage of sixty lambs. Witness got in touch with the stock agent, defendant having refused to offer.them for sale, and asked what he should do in the matter. He. was advised to meet defendant half Way with a view to a settlement toeing .reached;. Negotiations with, defendant were broken off as an agreement, was not arrived at, and eventually witness, on behalf of his .employer, had to ,sell the ewes for 29s per head. Following lengthy evidjence, Mr Cooper, who appeared for defendant, submitted that the point at issue was the question of delivery. He contended that defendant had not taken delivery as .alleged by plaintiff, and said tha,t delivery should have .been made on trucks. The sheep had been sold for this purpose. In point .of fact there was no acceptance, until Mr iPuklowski inspected 'the sheep at Feilding. He maintained that therp had toeen no delivery as submitted by plaintiff's counsel, Mr Park. The magistrate said he would look into the question and he reserved his decision.