GRASS-SEED CASE

Evening Post, Volume LXXXIV, Issue 1, 1 July 1912, Page 3

GRASS-SEED CASE

Cat TELEGRAPH— SPECIAI TO THB POST.] ' PALMERSTON N., This Day. At the Supreme Court sittings here on Saturday, Mr. Justice Cooper finished the hearing of the case in which Ellis Bros., farmers, of Bulls, sued Hodder and Tolley, Ltd., f6r £617 for a crop of crested dogstail. Mr. Longhnan was for plaintiff, and Messrs. Myers and Innes for defendants. Mr. Cockayne, Government Biologist, gave evidence as to the quality of the seed. . Other witnesses deposed to the seed being first-class. The Judge said the defendants had not established that the seed was not first-class. On a nonsuit point he reserVed judgment, and the legal position* is <to be argued in Wellington. The nonsuit point raised by Mr. Myort was that a contract note stated tnat Ellis Bfoß. undertook to supply seed from seventy acres. Their crop was estimated at sixty-six acres, and under tho Sale of Goods Act a contract as to quantity hed to bo exactly fulfilled. Therefore, it was contended by Mr. Myers that plaintiffs must fail.