FLAXMILLING CASE. QUESTION FOR COURT OF APPEAL.

Evening Post, Volume LXXX, Issue 15, 18 July 1910, Page 8

FLAXMILLING CASE. QUESTION FOR COURT OF APPEAL.

In the Court of Appeal to-day, tn© Chief Justice (Sir Robert Stout). Mr. Justice Williams, and Mr. Justice Chapman heard a case between tho Taupo Totara Timber Company, Ltd., and the Wellington Industrial Development Company, Ltd. appellants, and Michael Lynn and Sebastian Georgo Poppelwell, flaxmillers, respondents. It was an appeal from a decision by Mr Justice Edwards. Appellants in the original action claimed £349 11s 2d royalties for flax cut and milled from their land. Respondents counter-claim-ed for £779 13s 9d. They were the successful tenderers for the purchase of flax growing on appellants' land. The latter represented that the tenderer would be able to also acquire a quantity of flag growing on native lands in the vicinity of their railway. Respondents entered into an agreement with the natives with respect to about 600 to 800 tons of millablo flax, but appellants, it was alleged, refused to carry it on their railway at the agree 3 rates, and accordingly respondents' mill was idle for several months. Mr. Justico Edwards gave judgment for appellants on the claim for £349 11s 2d and for respondents on the counter-claim for £675. The dispute before the Court of Appeal really arose out of the latter action, and the point depended upon the construction of the agreement. Mr. C. P. Skerrett, K.C., and Mr. J. L. Stout appeared for appellants, and Mr. J. R. Reed was for respondents. (Proceeding.)