AN APPLE CLAIM

Nelson Evening Mail, Volume LVI, 11 April 1922, Page 4

AN APPLE CLAIM

BEFORE COURT~~OF APPEAL

(United Press Association.)

WELLINGTON, This Day. The Court of Appeal commenced this morning tiiQ hearing of argument in the -ease of the Aurora 1 r adiug Co., Ltd., v. Nelson Freezing Co., Ltd,, an appeal from the judgment of Air Justice Herdnian at Nelson. The facts of the case were that m January, 1920, the appellant company purchased 1000 cases of apples.for for-, ward delivery, the contract being that the apples wore to be placed in cool store and taken out by appellant as required. Tho apples wore placed m respondent’s cool store in May, UiO, and appellant alleged that they wero then in good order. They were takcxj out several mouths later in very bad condition. Appellant alleged that tho deterioration in the apples was - Ohe. tothe respondent company and claimed £437 14s Hd as damages. . Respondent denied generally the allegation of appellant and Air Justico Herdnian gave judgment for tho respondent. ~ The Aurora Trading Co. thereupon appealed. Before the Court of Appeal this morning Air Alyers, for the appellant company, said that the appeal rested chieflv on the consideration ot the facts as shown by evidence, and he proceeded to dleai at length with the evidence. _____