APPEAL COURT DECISION.

Auckland Star, Volume LIV, Issue 130, 2 June 1923, Page 3

APPEAL COURT DECISION.

. i A QESTION OF CONTRACT. (By Telegraph—Press Association.) 1 WELLINGTON, this day. i The Court of Appeal gave judgment ' this morning in the case of David A. ' Hamilton and Co., Ltd. (appellant) v. ' Overell and Sampson Proprietory Ltd., ! I and Ohas. Tennant, Sone, and Co. (re- ' spondents). Respondents had claimed ' , from appellant £5948 1/4 in respect of ] : 1250 boxes of tin plates which, it was i alleged, respondent in breach of con- * tract ha 3 refused t-o accept. In the 1 Supreme Court Mr. Justice Chapman i had upheld the claim. < The Chief Justice, in the course of his * judgment, said as to 1000 of the boxes 1 there was not a sale to appellants, but ] merely a distribution of boxes which < belonged to three partners of the appel- j 1 lant and respondents. The fact that 1000 '■ boxes had been sent in one shipment in- 1 stead of four did not entitle appellants 1 to refuse to accept them. In his opin- t ion, therefore, the judgment of Mr. Jus- I tice Chapman as to 1000 boxes was right. As to the remaining 250 boxes, his 11 Honor was of opinion that the appeal 11 should be allowed, since respondents , I had not justified their delay in dcliv- I ( i cry of these. Mr. Justice Hosking and j j llr. Justice Salmond concurred with the i ( Chief Justice, 'but Mr. Justice Herdman j ; delivered a dissenting judgment. As i i appellant had only partially succeeded i ] in the appeal no cost- were allowed. The 1 ( Court of Appeal then adjourned till the i--2nd of July. ',