DISPUTE OVER CONTRACT

Gisborne Times, Volume LIX, Issue 9575, 28 July 1923, Page 5

DISPUTE OVER CONTRACT

DISPUTE OYER CONTRACT. Plfi NELL AND HOLMES’ APPEAL ! J ■ ALLOWED. WELLINGTON, July 27. The Court of Appeal gave judgment this morning in the case BigneU • uid Holmes v. H. E. Partiidge, Ltd. (heard on July 0, an appeal from the judgment of Mr Justice Chaprarn for the respondents fqi £--lb l/ Hd The dispute arose m connection with a contract for the sale . °* The Chief* Justice, Sir Robert Stout, said appellants had contended the contract, was a c.i.L one, and that its incidents had not been complied with. In his opinion the contract was not c.i.f. In any case this defence had not boon raised in time. The evidence showed that the propel price had been charged for the goods that partial delivery had been vum-d bv appellants, and goods tendered hud been duly accepted. In bis ppinon the appeal should be dismissed Mr. Justice Sim was of opinion the appeal should be allowed. At was ;l term of the contract that respondents should tender a bill of lading and the policy of insurance, and this thpv iifici not done. Judges Eosking and Stringer agreed that the appeal should be allowed. „ , The decision of the Court was that the appeal should be allowed and judgment of nonsuit should be entered in the Supreme Court. —I A.