A DEAL IN COCKSFOOT.

Press, Volume LXIII, Issue 18924, 12 February 1927, Page 11

A DEAL IN COCKSFOOT.

LONG CIVIL CLAIM HEARD. A case concerning the sale of cocksfoot was heard by Mr H. A. Young, S.M., in tho Civil Court yesterday. W. D. Wilkins and Sons, Ltd., merchants. Akaroa, sued Wright, Stephenson, and Co., Ltd., merchants, Wellington. In the statement of claim, plaintiffs said that on or about April 12th,' 1924, they sold to defendant company 25 sack) of cocksfoot seed for tho sum of £137 3s Id, and that Wright, Stephenson, and Co., Ltd., had received and accepted the seed, but had refused, or failed to pay for it. Mr W. J. Bim appeared for the plaintiff and Mr A. T. Doun.illy for Wright, Stephenson, and Co., Ltd. Mr Donnelly said th-it the defendant company admitted its liability of £137 3s Id, that it had tendered £37 3s Id to plaintiff, and .that it claimed to have.a set-off of £IOO for the balance. The set-off arose in connexion with an order by plaintiff for ten tons of Danish toeksfoot, to be bought by plaintiff from defendant, subject to inspection and approval of a sample. The defendant contmded that plaintiff inspected and approved the sample, but refused, subsetiuently, to take delivery. Tho cocksfoot was then sold by defendant on a falling market and tho £IOO represented the difference between thj price Wilkins and Sons agreed to pay and the price the seed brought on sale. Tho plaintiffs contended that they did not inspect and approve of the sample, and that the sample did not correspond with tho bulk which was said to be of low germination urd contains! noxious weed seed and other impurities. The. case was almost three years old. Lengthy evidence vas given ior both parties". Following tho hearing of the evidence, which lasted almost all day,'his Worship reserved his decision.