NON-DELIVERY OF COPEA.

New Zealand Herald, Volume LVII, Issue 17457, 29 April 1920, Page 7

NON-DELIVERY OF COPEA.

CARGO BY WRECKED AWANUI. JUDGMENT for dependants. Judgment has been given by Mr. Justice Chapman in the Supreme Court action in reference to a contract to deliver 20 tons of copra by the schooner Awamri, which was wrecked at Niue Island on January 18, 1919. The action w.is a claim for damages by the Union Oa, Soap, and Candle Company, Limited (Mr. Richmond), against. W. H. Grove and Sons. Limited (Mr. Eeid and Mr. Alexander). " His Honor held that the contract indicated there was a tacit agreement between the parties that the copra should be delivered out of the Awanni' cargo. It was unnecessary to determine whether there was . a, further liability on the defendants to deliver copra to the plaintiffs, but, even assuming such a liability, it should have been exercised at once. There was no right in the plaintiffs at all times in the future to demand delivery. If they wished to keep alive their rights, they ought to have mads a demand for delivery or abandoned it when the loss of the vessel was reported. It was probable that when the market price of copra fell below the contract price of £23 a ton the plaintiffs were willing to cancel the bargain. The claim was made when the market rose sharply. His Honor gave judgment for the defendants, with costs.