A DEAL IN POTATOES.

Gisborne Times, Volume XXXIII, Issue 3712, 23 December 1912, Page 5

A DEAL IN POTATOES.

IRELAND AND CO. v. D. M. ORR AND A COUNTER-CLAIM.

A deal in potatoes between the above parties some time back lias been the subject of some interest, and the Court proceedings in connection therewith reached finality on Saturday, when Mr. W A. Bai’ton, S.M., delivered judgment on the original claim and a subsequent counter-claim. The plaintiffs, Ireland and Co., of Oamaru-, claimed to recover from defendant the sum of £64, being the balance of promissory note and interest, upon the purchase of 20 tons of potatoes. The defendant (D. M. Orr) paid the amount into Court, and counter-claimed £37 los lOd, £32 os lOd claimed to be the difference between the price paid and the real value of 9i tons, or 110 sacks, of potatoes shipped to defendant, and £5 10s for the expense of rebagging and picking the said potatoes. His Worship, after reviewing the evidence, said: — “I am satisfied from the evidence that a large quantity of the potatoes were green when they were shipped by. the defendants at Oamaru, and that being so plaintiff is entitled to. recover such damage as he has suffered, in consequence thereof. Very shortly after the plaintiff discovered the condition of the potatoes he wrote to the defendants, sending a sample of what he complained of, and suggested that defendants should appoint some person to inspect them, which they failed to do This to my mind was a very reasonable and proper suggestion, upon which in my opinion the defendants should have acted. If the potatoes were in the sound and ungreen condition in which the defendants say they were, then tlicv would have nothing to fear from inspection. “It is obvious,that plaintiff has suffered considerable loss consequent upon the breach of warranty on the part of defendants, and I have therefore to consider what is the difference between the price paid by plaintiff and the real value of the goods. There is evidence before me that there was a drop in the market between the date-of delivery of the potatoes and the date of complaint by plaintiff to the defendants as to their condition. “It is impossible from the evidence to accurately assess the amount, but I have come' to the conclusion, after carefully considering the evidence and all surrounding circumstances, that £2O, pins the cost of rebagging, will reasonably compensate the _ plaintiff for his loss. Judgment will, therefore, bo entered for plaintiff in the original action for the amount claimed. £64, and costs of Court £1 Is; and for the counter-claimant for £24 2s 6d, with costs of Court £1 Is; witnesses, £2 4s ; solicitor, £2 £s ; Oamanucosts, £1 Is.” /£ #