SHEEP FARMERS' CLAIMS

Evening Star, Issue 18729, 3 September 1924, Page 8

SHEEP FARMERS' CLAIMS

FOEWAED SALE OF LAMBS. Hearing was continued' before His Honor Mr Justice Sim in tho 'Supreme Court this morning of the -cases in which Leslie Douglas Lister claimed £lB6 16s from Donald Munro for alleged refusal to take delivery of lambs in pursuance of contract, and in which Sydney Johnson claimed £l2O from the same defendant for a similar reason. Mr J. A. Cook appeared for plaintiffs in both cases, and'Mr J. D. Callan for the defendant. Tho court was engaged throughout yesterday, and for a short period, this morning, in hearing evidence in support of the claims.

Mr Oook saitjl plaintiffs’ claims were based on the sale notes. It was evident, from the defence that sonic objection was to bo taken to the .sale notes. The signatures on the notes were admitted, and therefore he presumed the only objection which could bo taken would be to the form or the description of the* stock actually to be sold. The sale note was a peculiar document, like a great many commercial documents used.

■ Mr Callan said learned counsel for the plaintiffs probably proposed to make an application for some kind of amendment, and then turn this into an action for rectification.

11 is Honor: That is in Johnson’s case only. Ho price was specified in Johnson’s case.

Mr Cook said that in Johnson’s case ho might ask later for an amendment in the defence to cover a partly performed sale — for rectification of Johnson’s agreement by the insertion of tire price which, was agreed upon and which was accidentally omitted, being a mistake of both parties. His Honor suggested that Mr Cook would have to show that the contract note was complete at tho date of tho commencement of the action. He threw that out for his consideration. Mr Callan said evidence would be given by Munro and others who saw the lambs at the moment. That was important to satisfy His Honor that it was not a fact that the lambs were in very good; condition. The evidence would bo that they were in a very bad condition. Mr Munro had handled large numbers of lambs, ft would be shown that there was pasturage procurable in the district. The inference of the defence would be that both plaintiffs had bad musters, the reason for these being tho bad condition of both the ewes and the lambs.

Evidence was then called by Mr Callan, The case was continued this afternoon