ARBITRATION CASE.

Waikato Times, Volume XXVIII, Issue 2325, 4 June 1887, Page 2

ARBITRATION CASE.

Mr John Martyn v. the N-N.Z.F. Co-operative Association-

Thk following is a copy of the award made by the umpire in this case : — "Mr Martyn claims £70damages from the N.N.Z. Farmers' Co-operative Association for supplying , soft turnip sued in place of swede turnip seed, used on an area of 70 acres land.

"Mr Martyn bases his claim upon the fact that he considered a crop of swede turnips worth £1 per aero more for cattle feed th. Mii soft turnips. This may be a fair estimate generally, but the foregoing claim can only ba looked upon as a claim for an actual loss sustained from the growing of one crop in place ot another. Mr Martyn, in his evidence, did not show that ho had made any loss from this cause, nor did_ he bring any evidence to bear upon this point. He 'stated that ho had to sell his cattle before he had intended to, presumably from the turnip crop having been eaten off, thereby preventing him holding his cattle over to the spring, and having to replace those again in the spring. Ho makes no reference to any loss sustained by those transactions—tho very essence of the claim. It is but fair to infer that Mr Martyn did not consider that ho had sustained any loss from this cause, or he would certainly have brought evidence to substantiate it. As a loss must be sustained before any damages can be set up, and as then: has besn neither a statement nor any evidence advanced in this direction, Inward that Mr Martyn is not entitled to any damages whatever, and as this is. a verdict for defendants, [also award that the costs of this arbitration (£5 ss) shall be paid by Mr Martyu."