WELLINGTON SUPREME COURT.

Wairarapa Age, Volume XXVIX, Issue 8145, 21 May 1906, Page 5

WELLINGTON SUPREME COURT.

« —. (Friday—Before the Chief Justice). A DEAL IN SHEEP. MoRAE v. JOHNSTON.

Ibis was an appeal from the judgment of hiß Houor, Judge Haselden, delivered at Masterton in February, 1906, in favour of the defendant, in the case of Neherniah Moßae, sheepfarmer, of Mangapakeha, Tinui, against Robert Johnston, farmer, of Masterton. Dr. Findlay. with him Mr P. L. Hollings, of Masterton, appeared for the appellant (the plaintiff in the Uourt fcelow;, and Mr Herdman for the respondent. The facts of the case, as stated on behalf of the plaintiff, were that in Deoember, 1905, he sold a flook of 380 Southdown lambs, at 10a per head, to the defendant, who agreed to purchase and take delivery in January, 1906; but the defendant had not paid for these lambs, and had failed to take delivery of them as agreed upon. Plaintiff claimed that he had sustained damage in the lows of his grass, and in the injury caused to his remaining stock. Damages were laid at £SO, in addition to £l9O, value of the lambs. The defence was that there was no enforoible contraot, and that if the contract to purchase as alleged were proved, it was obtained by a fraudulent misrepresentation by the plaintiff to his own agent before the making of the bargain, that they were "well-grown lambs, fit to be put on rape," whereas when the lambs were inspected by the defendant they did not answer this description, and warranty, but, on the oontrar , they were of poorlygrown or inferior quality and condition, and not fit to be put on rape land, and the property in the lambs had not passed to the defendant, and that defendant was entitled to refuse to take delivery, and 'to repudiate the contract. Judge Haselden found for the defendant with oosts. His Hpnor the Chief Justice, having heard counsel in argument, reserved his judgment.—-New Zealand Times.

CABLEJS: E W S. By Telegraph—Press Asuociation—Coovfeht.