TIMBER CONTRACT.

Taranaki Daily News, 29 July 1921, Page 5

TIMBER CONTRACT.

A CLAIM FOR £7921. SENT TO APPEAL COURT. By Talegraph —Press Association. Timaru, Last Night. At the Supreme Court to-day John Jackson and Co sued the South Canterbury Co-operative Freezing Co. for £7921 for failure to accept a shipment of Oregon timber obtained for them by plaintiffs. Defendants proposed to build freezing wo’-ks ar Washdyke, and plans were drawn up and a site purchased. In September plaintiffs were instructed to obtain timber to be shipped in October and to arrive in December or January if possible. Plaintiffs’ agent was unable to obtain a ship for some time, but eventually the timber I left Puget Sound on February 6 and ar- ! rived at Timaru on May 28. In ‘he interval the company decided not to build, and refused to accept the timber on arrival The defence is that the timber she'fid, under the contract, have been shipped in October, to which plaintiffs reply that the contract saves them from liability for delays not undir their control, and that certain, acts of defendants before and after the arrival of the timber waived the right to repudiate the indent. The cost of the timber ordered for defendants was about £12,000. but plaintiffs sued for its reduced value at the date of arrival

After hearing evidence as to the negotiations, and as to value and variations, it was agreed to send the case to the Appeal Court for legal argument.