SALE OF A LATHE

Evening Post, Volume CII, Issue 35, 10 August 1921, Page 6

SALE OF A LATHE

Judgment was delivered by Mr. E. Page, S.M., to-day, in the case of A. R. Farmer, engineer, of Hastings, against Goodwill and Co., Wellington, a claim for £183 7s 6d. In October, 1919, the defendants advised Farmer that they would import a lathe of the type required, and Farmer intimated that if, in the meantime, he could .sell his, own lathe, he would take-the new one. On Ist . March, 1920, Farmer advised defendants that he had sold his lathe, and had purchased another, in Napier, 1 and would not require the new one. Ten days later he .wrote that the lathe he had bought was unsuitable, and asked when the lathe ordered in the, previous October would be available. The defendants replied fixing the price at £215 f.0.r., Wellington, and stating that delivery ■would be about 6th April,- per s..s. City of Agra. On 14th April the de-fendants-advised Farmer that tho latho had been short-shipped. The Magistrate hold that it had been established that a contract was made for delivery on 6th April. Tho plaintiff, however, took no reasonable steps to minimise any loss, and had he done so his loss would have been very small. The defendants offered him the choice of two lathes on loan, and to. pay railage on the one selected, and to' ,allow Farmer the use of it free until the one ordered .by him came to hand. They also offered to sell him other lathes suitable for his purpose. In view of this, the Magistrate assessed the damage at £5, and gave judgment for this amount with costs (£2 14s). Mr. H. F. O'Le*i!y appeared for plaintiff and Mr. J. F. B. Stevenson for defendants.