SEEDS FOR FARMERS.

New Zealand Times, Volume LXXII, Issue 4646, 26 April 1902, Page 5

SEEDS FOR FARMERS.

PRESS ASSOCIATION. AUCKLAND, April 25. A decision of interest to the fanning; community was given by Mr Brabant, S.M., this morning in the case of James Wallace v. A. H. Grainger. Plaintiff claimed that in October last he purchased from defendant twelve bushels of Tartar oat seed. Tho oats supplied were not Tartar, and plaintiff claimed £lO damages. In giving judgment, his Worship said the evidence disclosed that only Tartar oats could bo profitably sown on plaintiff’s farm at Papatoitoi so late in the season. Plaintiff asked to bo supplied with Tartar oats, hut the oats delivered to his cart turned out to bo Danish. Had they been Tartar the crop would have been 2Jtons per acre, whereas the yield was only three-quarters of a ton per acre. The defence was that defendant by custom and by the conditions printed on his invoice gave no warranty as to quality, and two notices to this. effect were_ in the shop. The question for decision was whether plaintiff was entitled to recover the amount of damage suffered through the wrong description of oats being supplied. If it were clear that plaintiff had received with the goods an invoice with the conditions printed on it, or that his attention had been drawn to it in any way, judgment would have gone for the defendant, but the case was distinguishable from that, as plaintiff denied receiving the conditions, and even if it were proved they were sept, it was clear they were not sent with the goods, and could not have been received till it had become impossible to return the seed. Defendant had failed to satisfy bis Worship that plaintiff was aware of tho conditions, and it seemed to bim that a seed merchant contending for such a condition must be more careful to bring it to the notice of the buyer. Judgment was accordingly passed for plaintiff for the amount claimed (£10) and costs.