ABOUT THE WORD "ABOUT"
ITS EFFECT IN A CONTRACT.
Before Mr. E. Pago, S.M., this morning, David A. Hamilton and Co., Ltd. (in liquidation), proceeded against the Marlborough Fruit Packing and Preserving Co., Ltd., to recover a sum of £175 15s 6d,. The statement of claim set out that on 11th June, 1920, a. contract was made for the sale of 25 boxes of tinplate to the defendants at the rate of 140s net per box; terms, sight draft. On 22nd March last .defendant refused to take delivery, and dishonoured the draft. Plaintiff also claimed, alternatively, as a measure of damages, the difference between the contract price and the current market price when the goods should have been accepted, viz., £112 IOs.J ■', .; : Mr. H. H. Evans appeared for plaintiffs and Mr. D. M. Findlay for defendants.
The- contract stipulated for delivery "about" January. Actual delivery of tho goods, was tendered on 22nd March, but the defendants refused to accept delivery, contending that there was undue delay. Plaintiffs claimed that tho delivery was not unduly delayed, as the contract provided for delivery "about" January. Furthermore, if there had been delay the same was caused by strikes in America, and there was a provision in the contract which relieved plaintiffs of liability under such circumstances.
'(Proceeding)
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/EP19210803.2.81
Bibliographic details
Evening Post, Volume CII, Issue 29, 3 August 1921, Page 6
Word Count
214ABOUT THE WORD "ABOUT" Evening Post, Volume CII, Issue 29, 3 August 1921, Page 6
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