BUTCHERS V. OFFAL BUYERS

Dominion, Volume 14, Issue 232, 25 June 1921, Page 8

BUTCHERS V. OFFAL BUYERS

SALE OF WASTE PRODUCTS. On Wednesday, in the Supreme Court. His flonour Sir John Salmond heard r- claim iv Symonds Bros., Ltd., of Wellington, butchers, against Duggan Bros., of Lower Hutt, offal buyers, for £355 Is. lid., moneys alleged to be due. The plaintiffs alleged that the defend ants had agreed to purchase waste &>t and bones from their shop, also their waste fat, from tho abattoirs, at a fixed price. It was alleged that the first arrangement was that Duggan Bros, should render down the fat at £lO per ton, but that subseauently. as the fat of other people could not be kept separate in the digester, they arranged to buy the fat. and agreed to nay a fixed price. The plaintiffs also alleged that the price of tallow dronned. and an arrangement was made to reduce tho price by Id. a pound. No further arrangement was made as to price but tho defendants continued to take the nlalntlffs’ fat and bones. The. defendants in their statement of defence alleged that they had agreed to pit not, a fixed price, but a price thet fluctuated with the price of tallow. They further alleged in evidence that they had net rcrcivcd the fat that was claimed, but that, the fat. which was claimed for was In r.nmo cases composed partly of fat and na-rtl.v of boneji. , \ftcr hearing evidence His Ifrninnr hem that the pla.int.ttfs had established that o fixed price had been agreed upon, and t’m defendants had rot established their claim to deduction on account of bones being mixed with fat. Ho accordingly gave judgment for the plaintiffs, for the full amount claimed, with costs witnesses expenses, and disbursements according to S< At tho hearing Mr. R. Kennbdv onne.-ir--ed for the plaintiffs nnd Mr. .0. H. Treadwell for the defendants.