AN AUCKLAND APPEAL.

Auckland Star, Volume XLI, Issue 168, 18 July 1910, Page 4

AN AUCKLAND APPEAL.

THE CARRIAGE OF, IFLAX- j : (By Telegraph—Press Assoeiatioaji:.? WELLINGTON, ihis day. The Appeal Court to-day is hearag the ease Taupo Totara Timber Co. v. Lynn, Poppelwell and Co., an-appeal from a judgment of Mr. Justice Edwards on the counterclaim in an action heard in Auckland early this year, granting damages to respondent for breach ot agreement to carry flax upon appellant Company's railway line at scheduled price. Appellants had refused to cany, flax from native lands at scheduled pnec. alleging that the agreement only referred to flax grown upon their lands,' 'an 1 which they had sold under agreementto respondents. The questions beforeJM Court were whether the construction placed on the agreement by the Judge in the Court below, namely, that tns Company were. bound to - schedule price, was correct, a™>.*,.;| whether he had assessed damages on m correct principle. Messrs. Skenejit*™ Stout appeared for appellants, J. R Reed, of Auckland, for respondents. Argument is proceeding. . v .