SHIPMENT OF CATTLE.

Auckland Star, Volume LVII, Issue 136, 10 June 1926, Page 9

SHIPMENT OF CATTLE.

fill COSTS TO PLAINTIFF. The question of damages in the action brought by John Burns, Ltd. (Mr. Holmden) agaiust Alfred Buckland and Sons, Ltd. (Mr. Beckerleg), which was brought before Mr. Justice Stringer in the Supreme Court last week was decided this morning. His Honor, in giving judgment, stated that the sum of £15 which had been credited to the plaintiff by A. Cowley, of Tonga, must be allowed the defendent. Further, the charge for agistment, amounting to £31, was unreasonable, and the claim for that amount must fail. With regard to the further claim for the costs of the Tongan action, his Honor disallowed certain of the amounts on the ground that they were unreasonable, making a total deduction of £86 3/6. The original claim was for £107 9/6, and, therefore, judgment would be entered for the plaintifT for £111 3/0, with costs according to scale. In delivering judgment. His Honor said the defendant had failed in the defence, the contract being one of agency, but he was satisfied on the evidence that they had exercised all care and skill in the procuring of the cattle. He held that the transaction was one of vendor and purchaser, and. therefore, the cattle fhould have complied with the warranty implied by the Sale of Goods Ait.