DISPUTE OVER TIMBER.

New Zealand Herald, Volume LVIII, Issue 17846, 29 July 1921, Page 6

DISPUTE OVER TIMBER.

A SHIPMENT OF OREGON.

FREEZING COMPANY SUED. [BY TELEGRAPH—PRESS ASSOCIATION.] TIMAKU. Thursdny. At tho Supremo Court to-day John Jackson and Co. sued the South Canterbury Co-operative Freezing Company for £7921 for failure to accept a shipment of Oregon timber obtained for them by the plaintiffs. • The defendants proposed to buiUl freezing works at Washdyke: Plans were drawn up, a site was purchased, and in September the plaintiffs were authorised to obtain timber to in October and arrive in December or January if possible. The plaintiffs' agent was unable ; to obtain a ship for some time. Eventually the timber left N Puget Sound on-Feb-ruary 6 and arrived in Timaru on May 28. In the interval the company decided not to build, and refused to accept the timber on arrival. The defence is that the timber should, under the contract, have been shipped in October, to which the plaintiffs' reply that the contract saves them from liability for delays not under their control, and, that certain acts of the defendant*; before and after the arrival of the timber waived the right to repudiate. The indent cost of the timber ordered for the defendants was about £12,000, but the plaintiffs sued for the reduced value at the date cf arrival. After hearing evidence as to the negotiations and as to variations in value, it was agreed to send the case to the Appeal Court for legal argument.