BREACH OF WARRANTY.

New Zealand Herald, Volume LXI, Issue 13747, 28 June 1924, Page 13

BREACH OF WARRANTY.

TIMBER OVER - ESTIMATED.

SAWMILLERS AWARDED DAMAGES

[BX TELEGBiPH.OWN COBBESPONDENT.] HAMILTON. Friday. Judgment was delivered yesterday by Mr. Justice Herdman in the Hamilton Supreme Court.in the case heard on November 30, 1923, and on June 9, 1.924, in which Bartholomew Desmond Folev (Mr. Paterson), claimed to recover from the Waitomo Sawmilling Company, Limited, (Mr. Finlay), the sum of £882 as damages for fraudulent misrepresentation, or in the alternative, for a breach of warranty. . It was alleged that in the course of negotiating a contract, by which plaintiff bound himself to deliver umber at the end of a tramline on defendant's property at Waitomo. the defendant company either fraudulently represented that the bush from which the timber was to be cut contained two million feet of millable timber or warranted that, it contained that quantity. His Honor said it had been found that the bush contained 850,000 ft only. The plaintiff alleged that if the quantity of timber which the defendant company either represented or. warranted was in the bush had been there, he would have made a substantial profit instead of a loss out of his. contract. The i jury had found that the defendant com pany had not been guilty of fraud that it had warranted the bush to contain two million feet of timber and that the plaintiff was entitled to £675 damages. His Honor's judgment supported . the jury's verdict. Defendant's motion for judgment or as an alternative, his motion for a non-suit, was dismissed. Judgment was entered for plaintiff for £675, with costs.