A CHEESE TRANSACTION

Taranaki Daily News, Volume LII, Issue 23, 20 February 1909, Page 2

A CHEESE TRANSACTION

IMPORTANT JiIDtIMEXT. By Telegraph.—Press Association. Wellington, Last Night. Decision was given by Dr. MeArthur, S.M.. to-day in the cheese transaction between Thom-son, Eraser and llamsay, Ltd., v. M'acKwan and Co., Ltd. In the statement of claim plaintiil's alleged that on or about the 29th .July, 1008, the defendant company sold to the plaintiff company <io cases' of ehecsc to be shipped to Melbourne on the oth August, IIHIS, and the defendant company warranted .such cheese to 'be matured irrespective of grade and to be not less than six months old. The de.fend'ant company delivered the said chee.se. but it was not matured irrespective of .grade, and was not six months old. In eonsequcuece of such alleged breach of warranty, the j/laiutili company -was unable to sell nine cases of the said cheese, and was compelled to sell the balance at a. loss of one penny per .pound, and ineurred> other expenses in. connection therewith'; whereupon plaintiff claimed as damages the sum of '£os 7s sd. For the defence Mr. DalKiell asked for* a nonsuit, contending i I that the claim was made in respect of ' i damage .said to Ifove. been discovered in i Melbourne, and accordingly plaintiffs . must prove their ea.se. The contract j was for cheese to be delivered at Wei- ' lington on the boat for Melbourne. llis Worship, .in his judgment, considered that the plaintiff company having Uaken delivery of the goods at Wellington ought then- ami tiu-n to have inspected them, and, if not satisfied, t° have rejected them. Instead of that plaintiff company did .not inspect the goods, l»ut exercised rights of ownership* over them. There was no .proof of a .breach of waitintv. except one witness' evidence, which was overburdened by witnesses for the defence. Accordingly •judgment must be for th;> defendants.