A DEAL IN TOMATOES

Dominion, Volume 13, Issue 256, 23 July 1920, Page 5

A DEAL IN TOMATOES

Yesterday afternoon, in the Magistrate's Court, Mr. \V. G. Riddoll, S.M.. gave reserved judgment in the case of iaery and 00., Ltd., v. Alien arid Co., fruit merchants, Dunedin. The plaintiffs sold to defendants in January last 100 cases of col-' oured tomatoes at lis. 6d. per case, and tho goods were shipped per Corinna. Defendants refused to accept delivery of the tomatoes on their arrival in - Dunndin so plaintiffs were obliged to of them by auction for £5 13s. 6d„ fir at a loss Of £51 16s. 6d., and plaintiffs claimed for this amount: The defendants refused delivery because the tomatoes arrived in ► damaged condition, but plaintiffs claimed that tho tomatoes were in good order when shipped, and that their responsibility ceased when the goods were placed on hoard. . Tho Magistrate said that section U"ol the Sale of tjoods Ant, 1908, stated that "where goods aro delivered to the buyer which ho has not previously examined ho is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for tho purpose of ascertaining whether tney aro in conformity with the contract." Continuing, iris Worship said: "Here I think defendants were entitled to examr-n the tomatoes at Dunedin and thero elect to accept or reject them, although tho place ol delivery was Wellington. Prom tho facts surrounding their purchase and inspection one is forced to conclude that their condition on arrival at Dunedin was due to the fact that tho tomatoes were not sufficiently inspected by the plaintiffs and did not/answer the description of coloured tomatoes when shipped." Judgment was given for defendants, who were allowed costs totalling .£lO 7s. At tho hearing Mr. O. Derre appeared for the plaintlfis and Mr. 11. F. vou Haast for tho defendants.