ALLEGED SALE OF LAMBS

New Zealand Mail, Issue 1536, 7 August 1901, Page 57

ALLEGED SALE OF LAMBS

In the Supreme Court on the 30th ult., before the Chief Justice, an action cam© to trial between Edward Joshua Riddiferd, of the Hutt, sheepfarmer, plaintiff, and William Augustus Warren, Thomas William Warren and Richard Townsend Warren, defendants.

Mr Myers, with him Mr Cooper, appeared for th e plaintiff, and Dr Findlay for the defendants. The statement of claim set out that the defendants in the month of September, 1900, agreed to sell to the plaintiff, and the plaintiff agreed to buy from, the defendants, all the defendants’ lambs of the season born from 2000 ewes (the defendants having the right to retain thereout 350 ■ ewe lambs), at the price of 7s 6d per head, delivery to he taken by the plaintiff, either half at the"end of December, 1900, and half at the end of January, 1901, or m one lot, provided that the whole were taken by the Ist of February, 1901. A memorandum in writing of the agreement was made and constituted by two letters. The first letter was written by Messrs Abraham and Williams, the plaintiff’s agents, and the second was written by the defendant W. A. Warren for and on behalf of himself and the other defendants. The plaintiff claimed to recover £250 from the defendants for non-do_ livery of the lambs. The statement of defence ma t? certain denials. It said that the defendants did not agree to sell the lambs cr any of them to tbe plaintiff. The refusal to deliver the lambs was admitted, 't was further set out that in September, 1900, the defendant W. A. Warren and the plaintiff’s agent entered into negotiations for the sale and purchase of the lambs. W. A. Warren informed the agent that he could not- sell the I ami s for less than 8s 6d per head without the consent of the defendant it. T. Warren. The agent then represented f o W. A. Warren that R. T. Warren had authorised a firm of auctioneers at Naper to sell the lambs at 7s 6d pe?- head. If any agreement was entered into between the plaintiff and W. A. Warren for the sale of the lambs as allegad, W. A. Warren was induced to enter into ifc and to writ© the letter referred to in the statement of claim by such representation, which was in fact untrue. The case was pai-tly heard, when an adjournment was made till next afternoon.

The hearing of evidence was concluded on the 31st. The Chief Justice reserved judgment.