ALLEGED BREACH OF CONTRACT

Press, Volume LXXXV, Issue 25738, 25 February 1949, Page 10

ALLEGED BREACH OF CONTRACT

DAMAGES ASSESSED BY JURY Though the jury returned yesterday with its findings in the case heard in the Supreme Court, Christchurch, in which Otto Stricker, trading as the Palestine Import Company, claimed damages from W. J. Cowles and Son, Ltd., manufacturers of aerated waters, for alleged breach of contract, the case was reserved by Mr Justice Northcroft for further consideration. His Honour will then hear legal argument by counsel on certain points cited. The plaintiff claimed that the defendant had ordered a quantity of orange juice concentrate, but unjustifiably repudiated the contract and refused to accept delivery of the goods. The defence was that defendant was entitled to repudiate the contract. Several issues were put to the jury in reply to these, they found that the orange juice, offered by the plaintiff for delivery to the defendant, conformed to the specifications,*" it was first-class orange of excellent keeping qualities; the method of processing the orange juice was not laid down by the plaintiff, but was left w the judgment of the defendant; there was no unreasonable delay in delivering the goods; the quoted price of 4s 6d a pound was the final price and the parties did not understand it was subject to modification by the Price Tribunal. The jury gave the damages suffered by the plaintiff as £574 Us 5d and expenses and said that Cowles should receive the six barrels of orange juice now in bond. Mr E. S. Bowie appeared for the plaintiff and Mr C. S. Thomas and Mr E. M. Hay for the defendant.