APPEAL UPHELD.

Press, Volume LIX, Issue 17702, 2 March 1923, Page 3

APPEAL UPHELD.

DAIRY CO. V. FARMER. Mr Justice Adams has issued his reserved judgment in an appeal case of interest to many dairy farmers. The Clandeboyo Co-operative Dairy Cornpan}", near Teinuka, had proceeded against a dairy farmer, J. G. Barry, formerly chairman of directors of the company, claiming £23 4s alleged to be over-payment made to defendant for butter-fat supplied by him to the company, the company having paid him at a high rate in expectation of a correspondingly high rate for produce afterwards sold on the English market. Prices having fallen on the English market, in 1921, the company had spught to obtain a rebate from defendant and other.suppliers. The Magistrate had given judgment for the -plaintiff company, and defendant had appealed. In delivering judgment, Mr Justice Adams pointed out ! that the contract between the farmer and the conipany had terminated at the end of 1920, when the farmer had ceased to supply butter-fat and had protested against the company's proposal to consign the factory's output for the remainder of the season to London. The farmer had ceased to supply, milk to tho factory because he declined to share in the risk involved in the new departure. The farmer therefore was not liable, as other suppliers, continuing to supply.in 1920, were liable for a payment of rebate in respect of the company's transaction in" the year 1921, when tho prices had fallen on the London market. "It follows," stated his Honour, "from what Ihave said, that there was no over-payment to the appellant (Barry). The appeal is therefore allowed, and the r respondent must pay ■ ■ttiti appellant's costs, which I fix at £7 7s, and disbursements. The appellant is also entitled to his costs in tho lower Court, to be fixed by the Magistrate." * Messrs F. S. Wilding, Chriatehurch, and F.A. Joynt, Temuka, appeared for the appellant, and Messrs Raymond, Raymond, and Campbell for the dairy conipany. •