PAYING FOR THE PEAS

Taranaki Daily News, Volume LI, Issue 306, 22 December 1908, Page 2

PAYING FOR THE PEAS

A QUESTION (ft' QUALITY. Webster Bros., auctioneers, yesterday preferred u claim against G. G. Boulton." grocer awl fruiterer, for U Ss 3d, for damages for to accept a parcel of peas purchased by him at auction at plaintiffs' mart. llr. A. 11. Staadish appeared for tlie plaiatitfs. Defendant conducted his own case. L. X). Webster, the auctioneer, who sold the goods, gave evidence that on the morning of the agricultural show at New Plymouth his firm held a sale of fruit, and at its conclusion he an* nouiiced that there was a consignment of peas which he intended to offer at a later hour, as he expected them to arf. ,ve v "; v s '" lr,l y from the railway station. Ihe fruiterers and others present, after ascertaining that part of the ship? ment was from the same grower as a! lot sold during thv previous week, requested him to put them up now, on forward delivery, to save them loss; of tune. This was accordingly done, tho auctioneer rending the consignment note and a note from the vendor statiug that the peas should open up as well as those sent the previous week lie auctioneer expressly stated that he had not seen the stuff, and could not guarantee them. There were the peas, and there were the vendor's instructions. J lie pens were put up, and the defendant bought 014 sacks. The peas arrived Inter m the day, and were sent to defendant, who refused delivery and returned then; to the mart next morning, when they were re-sold at defendant's risk, very much lower prices being obtained. This was caused by the deterioration of the penrin the U hours during which they had been tlie nroperty of defendant; by the fact that the aliow trade was over, and tins demaud gone; and because Nolan and Co. had landed and distributed a large con-

signment in cross-examination by tho defendant, he denied having given a warranty as to qunlity, and stated that the purchaser I ought at his own risk. ; ~ Jesses we called for the < J 4. * 0,1v 5 nnd A - Angus deposed that ri<! actual guarantee was > K'vcn, and the latter, who purchased • some of the shipment, said he was , . Wlth tlle . quality. Tho plaintiff,' clerk gave evidence of the absence of wnrrn'it.v. 11. Hurle, one of the bidders foi the lot, said there wa 8 no guarantee .givw, and he would not have comp ained had he secured the peas, though they were not up to tho standard of the previous lot from the same groww. o(r ' V'T'l? i' l( ; 800d8 J,a(l Vn« | off. 1). Aron stated that the goods were ollered at the purchasers' risk lie •unite understood that. He purchased S " k '- A werni ofl \ ljut , "ley were a fair averaw sample, und sold wfcll. >orage The defendant stated that l le had bought the peas upon the representation Of the auctioneer that they were of good quality, the same as sold the previous week. When they were de jivored he opened the sacks. Rome were black as your coat, your Worship," and some about ready for re-sowiig. He put hia hand into the middle of the I sick, nnd it was like fire. Steam dime out as though from n, steain en[guie. Defendant had, at his request, promised to come and sec him that ■ evening but did not call until next day, b.v which time the pee.* had been returned to the mart. Only about a quartvr .)f them could be called good. 1 o Mr. Standish: It was not trne that lie hud bought the peas to create a "corner," and found that someone else hail Hooded the market. The Magistrate held that the defendant was entitled to refuse delivery under tile circumstances, and nou-suitcd the plaintiffs.