PURCHASE OF STANDING CROPS.

Hawke's Bay Tribune, Volume II, Issue 168, 1 July 1912, Page 5

PURCHASE OF STANDING CROPS.

AN INTERESTING CASE. Palmerston N., July 1. A case of importance to farmers and seed merchants has occupied the Supreme Court for three days. Air. Justice Cooper presiding. Messrs. Hodder and Tolley. Limited, bought a seventy-acre standing crop -of crested dogstail from Messrs. Ellis Bros, at Bulls, and then refused to take delivery on the ground that the seed was not first class and that the area was more than stipulated. On the latter ground an interesting non-suit point was raised by Air. Myers, for the defence, viz., that the contract note stated that Alessrs. Ellis Bros, undertook to supply seed from 70 acres, and under the Sale of Goods Act the contract as to the quantity had to be exactly fulfilled.

On the other hand it was held that the contract for the area was not a contract for an exact quantity within the definition of the Sale of Goods Act, and that it would be impossible for it to be so regarded. Even the area was estimated and was not according to survey, and it would be necessary for the surveyors to follow the harvesters to get the exact measurement. ’ Defendants admitted that their contract forms did not provide for more or less, but for exact areas.

The non-suit point was reserved; but on the other point, that the seed was not first class, judgment was given for the plaintiffs, Messrs. Ellis Bros., His Honor holding that the defendants had no right to reject the seed.