S.M. COURT.

Auckland Star, Volume XXXIX, Issue 105, 2 May 1908, Page 8

S.M. COURT.

(Before Mr C> C. Kettle, S.M.) YESTERDAY'S SITTING. A CURIOUS CASE. Pottkaemper and Co. sued James Koorey for £86 10/ as damages. Mr Sharpies (for plaintiff) sftted that defendant ordered goods from plaintiffs by letter. Plaintiffs sent one of their order forms, which was oiot acknowledged, but defendant had admitted iv evidence taken that the letters ordering the goods had been written at his dictation by his wife. The goods were forwarded to defendant, who refused to take them, saying they were not what was ordered. But as he had newr seen them he could not know. The goods had to be made abroad. The goods were not saleable In Auckland, and. as they were of unusual size, were of little value anywhere. The goods in question were greenstone tikis and pendants. Mr Burton asked for a nonsuit There was no contract and the contract, even as alleged, had never been performed. The whole of the goods ordered had not been scut. After argument, his Worship said that tlie question was whether or not the defendant was bound to accept the goods in instalments. Judgment was reserved.