A GRASS-SEED SALE.
REJECTED ON SAMPLE
CASE BEFORE AKAROA COURT
A grass seed case of considerable interest to Peninsula cocksfoot farmers was heard oefore T. A. B. Bailey, Esq., S.M., on Wednesday last. In this case Walter McGarry, of Wainui claimed from W. D. Wilkins and Sons af Akaroa, the sum of £111 ICi 3d.
The statement of claim was for £110 8s 3d for 32121bs of cocksfoot seed at BJd per lb sold and delivered by plaintiff MoGarry to defendant com pany on 28d of March, together with £1 2g 6d for 45 sacks- Tbe tofal claim was £111 10? 35.
Mr Hunt appeared for plaintiff, and Mr Williams for defendants.
Walter McGarry, farmer at Wainui, gave evidence that on March sth , be went to Duvauchelle with bis sample, and saw Mr H. W. Wilkins. Hβ showed him bis sample, the seed being stored on bis farm at Wainui. Wjikins said be bad not a scale with bim, and asked what weight the seed was. Witness said the seed had weighed to 121bs to the bushel on Mr Vangioni's scales Mr Wilkine then asked witness to deliver the seed, and this be did later telegraphing the same day to Wilkins. The seed was in the Wainui wharf shed from March 28rd to April 6. On April 17, Mr Wilkins then wrote saying that he had sold the seed to a Chrisichurch firm, and as it was Dot up to sample it had been rejected. The sample was only lOllbs to the bushel. He later told Wilkins i hat he knew the seed was to
12.1.M To Mr Willintns :He gc 8-} dfo 'hn ■jf'Q(\ Mμ took 'bn sample f ron Mvwry bag He told Mr Wilkins il wi cro l'i !l -- "12 b Wilkine sale i wou'd t*'i ff-'ii) 111 b to 11-^h Hi' paw VYilkias tbu peed wai "■j*ered Ho told Wilkins that; be bad not sold the seed at 121b to Mi Wilkins, bub at 11$. to 12it -eed Wilkins nsked witness tr go to Cbrislcbutch and bave the p»mp!e weiphcd, but witness could not go. Ho told Wilkins tbat Hp fxppctfd poyroent of the peed in 14 dnyp ]n Cbristcbureb, later, he bad sampled bis own seed, and it went 10ilb3 to lOflbs. At the N.Z. Loan and Mercantile Agency Go, the sample went llilbs to 12lbs. The witness's contractor bad a balf share in the seed. Hβ bad been offered 8d a Ib.
Mr Williams said the defence wag that tbe seed was not up to the description, and he held that the rejection of the seed was within a reasonable time. Plaintiff on big own admission had sold the seed as lljlbs and 121b3 feed, and is was not np to sample, therefore rejected. He then quoted authorities which he alleged proved that there was no onus on the defendants to reject the seed at Wai nui before it went to Lyttelton. He quoted further authorities that be considered gave defendants the rights to reject Mr Hunt held that defendant could ant rescind his contract as the defendant would cause a breach of warranty. Id was a specific sale. H. W Wilkins gave evidence that plaintiff came to him and said his sample was 121b seed. Witness of fered him 8d per lb, and plaintiff asked BJd per lb for the seed. He said be would consult his contractor, and later rang up offering bis seed for BJd. This offer was accepted. He (hen instructed plaintiff to deliver the seed at Wainui to be shipped to Lyt teltoQ. He bad resold the seed to A. S Patterson and Go ,of Gbristoburcb as 121b seed. They wrote back say ing the seed was not up to sample. Witness then Ram pled the seed in Chrietchurcb. He then saw McGarry and told him the seed was not up to sample and that it was rejected, As a general rule they would allow a drop of Alb on the sample at which the seed was bought, Witness had weighed the seed in Obristcburob since. Witness and tbe respective managers of Messrs A. 8. Patterson andt'Co. and Wright, Stevenson and Co bad all sampled the seed and weighed it independently. Tbe seed had hardly weighed 10-J-lb He bad bought seed weighing lOJlba at 7d per lb about that time.
To Mr Hunt: He bad a seed clean ing plant in Akaros, and one of his plitoat? of business was there. He was prepared to say he met McGarry at Ouvaucbelle in the first place Hβ li»td bought OD a farmer's weight, and had found Vangioni's scale weigh before. The price of cocksfoot had dropped, but he bud rejected seed on » rising market. He claimed tbe ligbt to rescind a sale if it was not up to eawple. He had known people n>akn a mistake over tbe sample. Tbe wi'.tHH-> f>«id se j d might increase in weighs 3iba per sack if stored near water, bat it never lost weight
To Mr Williams : He had told Mr VcGarry be would accept an expert's weight, of seed Mr Hunt objected to allowing Mr Patterson being called to give evid enew
Bcronach Paterson Christchurch agent for Messrs A. S, Paterson and Co gave evidence tbat about March 15 be bought the seed as 121b seed through W. D. Wilkina and Sons at 8-fl Witness said it was a general rule tbat eeed would weigh 66 lbs to the sack and 121b seed about 751b io rbe pack. The seed was delivered an April 7th, and Bampled tbe following day. Hβ reported to W. D. Wil kins he bad received tbe seed and sampled it, and Mr Wilkins had examined the seed and weighed it, and it was Wilkins then said it could not be McGarry'fl seed. The sampling of cocksfoot wa3 an expert's business, and it was impossible to send a competent sampler to each bay from which seed was snipped, and it was a recognised custom tbat the seed was sampled when it arrived in the buyer's store. They bad weighed tbe seed four times, end eaoh time it weut 10J lbs. He had paid ! tys. per Ib for 10| lb seed about tbe time. His experi ence was tbat 10Mb seed wben dressed uptol7iba bushel lost 85% to 37% i and 121b seed 20% to 22%. He thought green seed might shrink lib to saok. Hia opinion was that the usual time in which to accept or reject seed was fourteen days after its delivery at its destination. WitneßS then weighed a cample to show how the weight of the seed is arrived at. amples of the seed were weighed varying from lOUbs so lHlbs, the last named being Mr McGarry's sample from the store
To Mr Hunt: He bad taken a fair sample. Hβ considered tbe 14 da}o for optional rejection by Wilkina did not apply i|n this oaae He thought Wainui shed was a suitable place for sampling Tbe market easd about the middle of Maroh
To Mr Williams: It waa very usual to bay seed by description W M Shand, Ohristcnurob manager for Meagre Wright, Stojsbenaon & Co f>id he pampled the seed at Paterson's a'-ore, and made the weight 10,}lbs threa times T n9 cocksfoot was at ita highest at the beginning of Maroh The cuatorn a3 to the rejection of seed was to allow about a week or fort night There was no fixed rule Hβ waa confident that the seed weighed
104 m, To Mr Hunt :He bought a line of lOfb seed from Akiiroa at 8d per 'h. W McGnrry, recalled, and in an -•wer to llr-Williams said hf- sold the ■-efd on Ibe Weiruii wbarf Bed profluced ft telegram confirming that. Tupfday was the naval dny for the Cygnpfc to cbII. Tbere wbb seed in tbo Wniiiui tb(d besides bis own seed. Mr Hunt said defendant bad an opportunity to inppeot the seed, und bad neglected to do so, Hp con sidered defendant was a local buyer, and be know of no otber buyer in the caso. He considered it was a epeoifio gale regardless of sample, and even if it was sold on sample the defendant bad failed to sample the seed within l<l days, the recognised time. Tbe magistrate reserved bis decision to be given in Cbrisfcburch.
Permanent link to this item
A GRASS-SEED SALE., Akaroa Mail and Banks Peninsula Advertiser, Volume LXXV, Issue 3473, 9 July 1915