DELIVERY OF OATS.

New Zealand Herald, Volume LXVII, Issue 20602, 28 June 1930, Page 16

DELIVERY OF OATS.

APPEAL FROM DECISION.

LEGAL argument continued

[BY TELECRAPH.—PRESS ASSOCIATION.] WELLINGTON, Friday.

The hearing of the appeal of Wright, Stephenson and .Company, Limited, from the judgment of Sir Michael Myers, the Chief Justice, delivered in December last in the case of Wright, Stephenson and Company Limited, v. the New Zealand Loan and Mercantile Agency Company, Ltd., was continued in the Appeal Court to-day. • . / On the Bench were Mr. Justice Herdman, Mr. Justice Reed, Mr. Justice Adams and Mr. Justice Ostler.

Mr. H. F. O'Leary, for the appellant company* enlarged on his second "and third submissions made yesterday,- and argued that by virtue of the store warrant, tho appellant company made the delivery of tho oats a " constructive" delivery, and consequently in February it ,was late for the rejection of the goods. With reference to the oats purchased by respondents from intermediate purchasers from the appellant company, Mr. O'Leary said that appellants were warehouses only and were not stopped from going behind tho store warrants to prove they had the goods and could identify them.

Mr. Evans, in support, submitted that thero was' no obligation under the contract for appellants to furnish a grader's warrant/ and such an obligation had not subsequently been undertaken by them. Even if there wero such an obligation, the grading and sampling system was not part of tho torms of the contract. In turn, even if the grading and sampling system were a part of tho contract, then the grader's certificate was final, subject only to appeal, and -appeal had not been •brought. Under the contract; all tho ■appellants had to do was to supply A ■grade Garton oats, and this obligation had been ••fulfilled Tho certificalo of the grader itself was not untrue, as it stood for tho language of the certificate did not compel tho construction that every bag was sampled. Tho grader had adopted tho .method of sampling among merchants. /Jf grading was compulsory under contract, it was open to appellants to contend that it was required in caso of shipment only. The case for tho appellant company then closed.

Mr. A. Gray, K.C., commenced his opening for the respondent company when the Court adjourned until Tuesday.