DEALING IN WHEAT

New Zealand Mail, Issue 1612, 21 January 1903, Page 68 (Supplement)

DEALING IN WHEAT

TIMARU, January 14. The Stipendiary Magistrate h>» day gave judgment in a dispute between J. Meehan, a local grain merchant, and S. C. BroAvn, flourmiller, of Auckland. Some months ago Meehan sold to BroAvn, through his agent, by sample and description, 1500 bushels of Avheat, f.o.b. at Timam. The description Avas “Good foAvl Avlieat —you might call it second-class milling; it is dry and hard, but suffered from the first rains a\'£ had BroAvn accepted the first half shipped, and paid for and milled it. It did not make satisfactory flour, and he countermanded the second half, but too late, as the Avlieat Avas on the Avay. On its arrival he refused to accept, and the wheat was sold as fowl Avlieat at 3s per bushel (subsequently it Avas resold at 3s 8d). Meehan brought a suit for reco\-ery of the difference of 5d per bushel and expenses. For defendant, Avitn esses testified that the Avheat did not ans Aver to the description dry and hard, as some Avas soft, some sprouted. His Worship considered the first term of the description, “fowl AA r heat," should have put the buyer on his guard, and that he did not reject it because the Avheat was not up to sample or description, but because it did not suit his purpose, which vendor had not guaranteed it avouLl. Buying on such terms, defendant took the chance of it suiting his purposes and must stand to it. Judgment Avas given for plaintiff, Avith costs.