THE APPEAL COURT.

Evening Star, Issue 11068, 21 October 1899, Page 3 (Supplement)

THE APPEAL COURT.

The c*se of O.tz-js and Oerritecn v. the NfiW Zealand Loan and Mercantile Agency Company waa argued yrßterday afternoon. This was a pp3cial cisc stated by Iho parlies and removed by consent into the Court of Appeal for argument. Plaintiffs carry on business in New Zealand and Luidon as dealers in colonial produce, and in September of last ye3r Legotiatious lock place between them and the defendant company for the eale to them by the defendant company, as agents of the Ballante Diiry Factory, of the output of lmrter f:om that factory from September, 1898, up to the end of February, 1899. Correspondence by letter and telegram took place between the parties, and they acted en the astumption that there was concluded a contract for the sale and purchase of the output of the dairy factory in question, and the plaintiff firm resold in England on that assumption. The B&llanoe Dairy Factory, however, repudiated the authority of the defendant company to sell oa its behalf, and the defendant company was theietore unable to carry out the contract. The plaintiff firm are now »ning the defendant company for darrugeß, and the defendant company sets op as a defence that the correspondence does not show a concluded contract in wriiirg. and that the company was therefore net bound. A special case is stated for the purpose of ascertaining the opinion of tho Court on this point. The Cfrnrt he Id nnanimonsly that there was a concluded binding contract, and answerel the qie%iinn in favor of the plaintiff', with corw. The case will hatfe to go to trial on other points- . The remaining case on the list will he heard on Mondty.