GRASS SEED DELIVERY.

Stratford Evening Post, Volume XXXV, Issue 75, 5 April 1913, Page 5

GRASS SEED DELIVERY.

DAMAGES AGAINST ELTHAM CARRIER. At the Magistrate’s Court, Eltham, on Wednesday, Stephen Solly, laborer, Riverlea, proceeded against F. H. Morris and Co., carriers from Eltham to Opunake, for £lO 16s 8d damages. It was shown that the plaintiff had instructed defendants to receive some grass seed from the Eltham railway station and to deliver at Riverlea. The receipt was signed for by the defendants at Eltham railway station on October Ist, 1912, but the seed did not reach Riverlea until about November 7tlx following. During the delay plaintiff was compelled to buy fresh grass seed, and he claimed for the loss he sustained in having to sell the grass seed, which should have been delivered earlier, for what it would fetch, and also damages for what lie lost by late sowing. The defendants set up that although they signed for the seed on October Ist they did not actually receive it from the railway station until the 23rd of October. They explained that during the whole of this time, although they inquired for the seed, the storemen at the station said they could not find it. It was admitted that the seed was there on the railway station all the time.

A number of witnesses were called on either side, and Mr W. G. Kenrick, S.M., held that the defendants having signed for the seed, had taken constructive delivery from the radway, and it was their business to see that they got tin’ seed, or else let the defendant know of the reason of the delay. He considered the damages claimed were very moderate in the circumstances, and gave Judgment for the full amount claimed and costs, making a total of £l7 17s ‘2d. Mr Robert Spence (Spence and Stanford, Stratford), appeared for the plaintiff, and Mr 1). Gow (Eltharn) for the defendants.