DISPUTE ABOUT OATS

Evening Post, Volume CIX, Issue 149, 27 June 1930, Page 17

DISPUTE ABOUT OATS

BRANDING OF SACKS

INVOLVED LITIGATION

The Court of Appeal was engaged yesterday' and to-day in hearing au j appeal from the' decision given by j his Honour the Chief , Justice (Sir j Michael Myers); towards the end of last year in a case concerning a deal in oats between the Now Zealand Loan and Mercantile Agency Co., Ltd.,-and Wright, Stephenson, and. Co., Ltd. The action was in respect of 5469 sacks of oats purchased by the plaintiff (New' Zealand Loan and Mercantile Agency) from the defendant or third parties in 1928, add which at a later date tho plaintiff refused, to accept on the grounds' that the sacks were not sampled and branded in accordance with tho store warrants issued by the Hef endant. :':' - - -•;:;.•■ .'■■■-.■,■■ : As a -result of the , Supreme. Court action ;his Hdßtfur gave! judgment for the New. Z.edla'nd,. Loan and Mercantile Agency Company for the recovery fioni Wright,. Stephenson, and. Go., of £53156s 7d .arid) £43G 4a, 8d costs. At the time the judgment was delivered his Honour said that the case was a veiy difficult one, and. his remarks in this connection and regarding the question of appeal were referred to yesterday at the opening of the appeal case. The appellant, Wright, Stephenson, and Co., Ltd., is represented by Mr. H. F. O 'Leary and -Mr. H. B. Evans, and Mr. A. Gray, K»C., with him Mr. C. A. L.. Treadwell, is appearing for the New Zealand. Loan and Mercantile Agency Co., Ltd. ~ ,Mr. -Q'Leary, in opening, said that after the Chief Justice read bis judgment,, his Honour intimated that he found the case,a difficult one, and said ■that he would1 welcome au appeal to the Court of Appeal. The claiiri and ; the litigation Sad arisen out of four contracts for the sale of A grade Garton oats entered .into between 7th and 10th ;May, 1928. •.• ■' ' ■• : :; Several complicated legal points arc involved. .The whole of yesterday's proceedings were occupied by legal argument directed by Mr. O'Leary. Counsel concluded his address this morning, and the Court was then addressed on other points by Mr. Evans.