A WOOL CASE.

Stratford Evening Post, Volume XXVIII, Issue 75, 27 November 1915, Page 3

A WOOL CASE.

QUESTION of contract. At the Stratford Magistrate’s Court yesterday, Davidson and Coy. exporters, Wellington (Mr A. H. Johnstone, instructed l)y Messrs Mai--0110 and King) claimed -£l3l os for breach of contract from Angus Fraser, farmer, Eatapiko (Mr E. Spence). The claim was for breach of contract on the delivery of wool, which the defendant agreed to sell and delivei to the plaintiffs within a reasonable time at 9Jdlb on trucks, Huiroa. Mr W. G. Kenrick, S.M., was on the bench.

F. Dunlop, of W. M. Bayly and Co., said with,Mr Bayly he visited the defendant at Eatapiko. He told defendant that he thought he could get about 9d a lb for the, wool on trucks, Tariki, and after some discussion. Fraser agreed to sell his wool at 9)d lb. The wool was not delivered. His firm did not receive any answer to the correspondence forwarded to defendant. Defendant estimated that his clip would he about thirty or forty bales. Mr Spence asked witness if he would swear to the defendant having estimated that his clip would y ield about 30 or 40 hales. Mr Spence said the yield was estimated at twenty bales, and after shearing was completed, twenty-one bales were realised. Witness said he would not guarantee that defendant said thirty or forty hales, he may have said twenty. F. Dunlop practically corroborated the evidence of W, M. Bayly, taken on oath, and read- in Court. W. J Leversedge, manager of the Bank of New South Wales, Stratford, said that defendant’s wool clip was forwarded to the Bank’s London house on February 25, -1915. There- were twenty-one bales of wool. Sixteen bales of wool were sold at Is lid, three at (id, one at 6d, and one at <d. The wool was sold on September 28. He reckoned that the bales contained 3501bs on an average.

G. P. H. Davidson, of Davidson-and Coy, said that the price offered, 9*d lb., was legitimate market value for this class of wool in November. In. February, the class of wool in question was bringing 133 d to lod U>. The weight of a bale of wool averaged about 4’OOlbs. He said it would cost about Jd lb to take the wool from Huiroa and load't at Waitara. In answer to Mr question as to the price'of wool in London m September, 1015, witness stated that 16Id to 17d lb was fair market value. It would cost about 2d a lb to consign the output of wool to London. A little extra had to bo put on this year for freight, etc. In January the poorer class of wool received the most benefit of the high prices ruling. The Bank did not get full market value if it was sold m September this year in good order and condition. Witness stated that wool worth 9id lb in January commanded 13fd to 15d in February.

W. H. H. Young said lie was 111 Bayly’s store when defendant took in a sample, of his wool. He said, in conversation with defendant' at the storq; he remarked, that cohkidering the war, 9|d was a fair .pride. -H... Christiansen, wool-buyer, said he had had twenty years’ experience in wool buying. The current price for faulty wool in November, last year, j wa,s between Bid to 9UI lb. It was ■jd less in .December. The prices of 'all classes of wool decreased. In 'January, the wool wag worth about , Is. In February 13id to 14d was being paid for such wool. Locally, the , value of wool increased by about 4d j ib between November and February. ■The wool in the usual bourse should have been in Waitara ;by the middle pf January. Wool fell -id to Id lb in November, and rose 2d to 3d lb in February on November prices. Local-ly,-wool had increased by 2d or 3d lb during the last few weeks. Angus Fraser, defendant, said he had never had any dealings * with. Bayly and Coy in regard to wool. Dunlop and Bayly visited his plane

on Sunday, November 15-, 1914, and offered him 9d, and later on 9,)d, but lie refused to sell. On the following Tuesday morning, lie took a portion of* a fleece into Bayly V store and they still refused to give him his price, Old, for a while, until they made inquiries. From Bayly’s be wont to the Bank of New Soiitli Wales. He decided to send his wool home through the Bank. Witness left the hank and saw Dunlop, and asked him if he would give him 9-Jd. Dunlop answered no, so lie said he would consign it Home through the Bank. Dunlop said he was foolish to do what he proposed. He then leit Dunlop. Witness said he did 11(> t estimate the clip. He told Dunlop lie had 1400 sheep, including lambs. He never heard the name of Davidson and Coy mentioned. He received a letter from W. M. Bayly a few days later. He went in and saw Bayly next day, and told him the same as be did Dunlop, to the effect that he was sending his wool Home. Bayly said he did not know anything about it, Dunlop had not mentioned it. His wool was dirty. Bayly never at any time suggested that he should act as his agent.

Cross-examined, Fraser said' he could not remember if lie told Young what he was offered for his wool. They had a long conversation. He said he made no arrangements for shipping Ids wool Home. Fie left the control of hi s wool in the hands of the Bank Manager. He never attended to his correspondence. He denied ever receiving any letters from W. M. Bayly. He did not know what kind of wool he had Ho never, had anything to do with the sheep section. Andrew Smith, son-in-law of defendant, also gave evidence. Counsel addressed the Court at considerable length, and the Magistrate reserved his decision until next Friday.