AN IMPORTANT CASE

Wairarapa Age, Volume XXXII, Issue 10674, 2 July 1912, Page 6

AN IMPORTANT CASE

(By Telegraph—Press Association.)

PALMTCRSTON IN., Last Xi S h<:

A' oasp of drnpwtaiiTO to farmero and seed merchants occupied tho aN tcntkti 'C.f the Supremo Court for three days. Mr Justkio Cbcper presided., : Kockk'.r and Holl-oy, Ltd, braght seventy 'acres of a 'standing crop of crested dogetaii ,fr,om Ellis Bros., Bulls, but .refused to take delivery on the! ground tkiit the g3ed was not first class and that -the- area was more than had (been stipulated.

On the latter ground an. inter-osing non-suit point was raised 'by Mr Myers for thia defence. Counsel contended that the contract note stated that Ellis. Bros, (undertook to supply seed from seventy acres, and raider the Sale elf Good? Act a contract ;rs to quantity had .to be exactly fulfilled.

Oil the other hand, it was held that a .contract for area was not a con • , tract for an exact quantity within the definition o,f the. Sale of Goods Act, floid that it would be impossible for it to lbe fc as the area was estimated and not according to survey, and it would he necessary for a. surveyor to follow the harvesters to get . exact measurements. Defend'auto admitted that .their -con- ; tract forms diid-n'ot provide for "mere j or lees," hut for exact areas. • The nan-suit, point was reserved, J but on the; other point, that the seed ■ was not ■first-class, judgment was civen for the plaintiffs, Ellis Bros, His Honor holding that th? defendants had n'o right to reject'the xsed.