A DEAL IN EWES

Evening Post, Volume CVI, Issue 140, 11 December 1923, Page 10

A DEAL IN EWES

SUPREME COURT ASKED TO

ADJUDICATE

PLAINTIFF NON-SUITED.

(BI IIIIOItAPH PRESS ASSOCIATIOM.)

CHRISTCHURCH, 10th Dec.

After a hearing lasting several days, the case was concluded in the Supreme Court, before Mr. Justice Adams and a special jury of twelve, in which Robert M'Elhinney, farmer and dealer, of Ashburton, claimed from Pyne, Gould, Guinness, Ltd., stock agents, the sum of £9722 16s. In December, 1919, plaintiff sold to Daniel Byrne through Herbert Anderson, a ■ stock agent of the defendant company, a line of 3250 ewes. It was agreed that plaintiff should keep the sheep on his property until 6th January, 1920. He did keep them until July, 1922, when he was told that Byrne was dead. He alleged that he had reason to believe'that this was not correct. He claimed for sheep feed and other items a total of £9722 16s.

Plaintiff was non-suited on the grounds that there was no evidence that the agent had procured delivery, plaintiff's evidence showing that he had himself arranged delivery; that there was no evidence whatever in. support of a custom alleged in the statement of claim, which was that an- agent was liable when he procured a sale, whereas the evidence was that he was liable if he acquiesced in a sale; that the custom had never been held to apply in certain circnmstances of the case; that the evidence showed that the agent was not by custom responsible for the price, but that it was only his duty to make advances to the purchaser; that if any such custom were proved, it was unreasonable; that if by custom the agent were responsible for the price of stock to the same extent as the purchaser, ,that involved the Court in the question of what the purchaser's liabilities would have been under the original, contract; that a vendor could not claim for the price of a line of sheep if he had sold wool and lambs from that line—he could claim for damages, but not for the price of the sheep.