A TRANSACTION IN TEA

Evening Star, Issue 17604, 8 March 1921, Page 7

A TRANSACTION IN TEA

WILSON, BALK, AND CO. v. ROBERT WILSON. This case, an action for th© recovery of £241 8s 4d, was continued before Air Justice* Sim yesterday afternoon. Mr Callan, counsel for the defence, Raid that the question of the sufficiency of the documents to comply with the Sale of Goods Act could be discussed at once, bill perhaps it would be better to call the evidence first. His Honor assented. Mr Callan outlined the facts that would be produced in bis defence. In doing so bo eaid that Robert Wilson would contradict both Balk and Arthur Wilson in regard to their statement that the tea liad to bo purchase!. Robert Wilson would also say he was perfectly clear that the conversation about sacrificing per lb related not to the Ceylon tea but the Java tea. Robert Wilson, defendant, said in hie evidence that ho went out of business as a grocer in 1919. At Otautnn, in January, Arthur Wilson showed him samples of Java, and Wilson spoke of Ceylon tea, saying he would submit a (simple iu Dunedin. A few days later, in Dunedin, he oaw Arthur Wilson, who said it would bo about six weeks before they could deliver Coy lon tea. Ho did not say where it was, nor that it would have to be ordered. Witness replied that a couple of months would bo ample time for delivery. When the order wan taken Arthur Wilson said that the tea was on its way. He did not say the firm had to buy the lea. There were several conversations between witness and Balk about the Java tea and also the Ceylon tea, and witness told Balk at the end of March that unless he could get some assurance ho would not take delivery. WUn«s» never made a suggestion about cancelling a sale of any tea at a sacrifice of jd per lb. Balk showed him some correspondence showing that the market was strong, and aid he would be foolish to think of cancelling, and witness agreed to wait till the Tarawera came. Balk advised him to send the balance of his Java tea to Wellington. Witness sent tho Java tea to Wellington. Nothing was said about cancelling tho sale of the Ocylon tea, but something might have been said about tho Java tea—ho (witness) might have said he would not mind sacrificing id per lb to save tho bother of sending it to Wellington. AVI;on tho Tarawera came and did not bring the tea witness gave notice to cancel tho sale. To Mr Solomon: lie believed in January that he had a contract with Wilson, Balk, and Co. for Ceylon tea. Ho did not know at the time what “ subject to confirmation ” on the sale note meant. The legal considerations involved in the case were argued by learned counsel, and His Honor reserved judgment.