FARMER AWARDED DAMAGES.

New Zealand Herald, Volume LIV, Issue 16595, 19 July 1917, Page 6

FARMER AWARDED DAMAGES.

DISPUTE OVER DAIRY HERD. Judgment was delivered by "Sir. Justice Cooper at the Supreme Court yesterday in the civil action, heard at the May sessions, in which Mackay Woodruff (Mr. Reed, K.C.), farmer, of Otangihaku, claimed from James C. Cleland (Mr. McVeagh), farmer, of Ruatoki, specific performance of an alleged agreement for the sale and purchase of a dairy herd. The plaintiff also claimed repayment of the amount of milk cheques received bv defendant. In the alternative plaintiff claimed £170 damages for breach of contract, this sum representing the market value of the herd over and above the purchase price namely, £255— a further £300 damages representing the value of milk supplied to the Opouriao Dairy Company between January and July 1916.

After reviewing the evidence His Honor said the Court could not order specific performance of the contract. Plaintiff was entitled to damages, but he was not entitled to moneys received by the defendant from the dairy company. Judgment would be given ior plaintiff for £117 17s 9d, made up as follows: — £102, the difference between the price, £7 10s, agreed to be paid and the actual value of the herd ; a refund of £10 7s 9d, money paid by him for milking in January, and £5 damages for the defendant's breach of agreement in reference, to tie agistment of the cattle.