A SHEEP DEAL

Evening Post, Volume XCV, Issue 45, 21 February 1918, Page 8

A SHEEP DEAL

QUESTION OF COMMISSION.

i A question of considerable importance to farmers and stock dealers was involved in a reserved judgment delivered, in the Magistrate's Court to-day by Mr. W. G. Riddell, S.M., in the case in which Dalgety and Co., Ltd., represented .by Mr. A. W. Blair, proceeded against Edward de Mey, farmer, Te. Horo, for whom Mr. C. H. Treadwell appeared, to recover £27 12s lOd, being an amount of £}4 7s lOd, due to plaintiff as on 31st August, 1916, and £13 5s commission. Defendant admitted owing the item of £14 7s lOd. The remaining amount, £13 ss, represented commission at the rate of 2£ per cent, upon the value of sheep belonging to defendants, which was sold through Messrs. Abraham and Williams, Ltd., between Ist August and 14th September, 1916, and which, under an agreement of 14th June,- 1916, defendant had, inter alia, undertaken to sell through plaintiff company. The defendant counterclaimed for £30 12s, the value of 34 sheep, which were alleged not to nave been, returned to the defendant- by the plaintiff company.

Dealing with the counterclaim, his Worship said that the evidence showed that at defendant's request 181 sheep were trucked from Feilding to Dannevirke, and submitted for sale, but, failing to reach reserves, were railed back to defendant at.Te Horo. The sheep were in poor condition on arrival at Dannevirke, and through inherent weakness and natural causes 13 sheep died during their stay at Dannevirke. There wasno evidence to show how the loss of the remaining sheep occurred, and the Magis-. trate held that on the evidence submitted he did not think defendant had, proved.his counterclaim.

As to the claim for ■ commission, the undertaking referred to in plaintiff's statement of claim is in the following words: "To Dalgety and Co., Ltd., Wellington,—l hereby undertake that so long as any moneys shall be or remain duo from me to Dalgety and Co., Ltd. whether for present or future advances, not to give or grant any security over the stock belonging to me, comprising 300 hoggets and 10 cows, or the increase of such stock, etc., depasturing on 125 acres freehold, Te Horo. I also undertake to sell such stock or -any increase therefrom through Dalgety and Co., EM., as factor or agent, and subject to the usual commission, and to pay interest on any moneys owing at the rate of 7 per cent, per annum," etc., etc. : Counsel for defendant submitted that the undertaking referred to disclosed no consideration on the part of plaintiffs, and was therefore nudum pactum.

Defendant admitted that, prior to signing the agreement, he agreed to the terms, and it was borne out ,by the correspondence between the parties. The Magistrate thought the objection was purely technical, the correspondence and other evidence clearly showing that the terms of the undertaking had been arranged and acted upon by both parties for some considerable . time before its actual date and after the beginning of June the plaintiff company observed its part of the arrangement while defendant failed to carry out his.

, Judgment was given for plaintiff for £27 7s 4d, with costs. Defendant was non-suited on the counterclaim and plaintiff allowed costs.