BAD TURNIP CROP

New Zealand Times, Volume XXXIII, Issue 7852, 14 July 1911, Page 2

BAD TURNIP CROP

UMPIRE'S AWARD ENFORCED. His Honor tho Chief Justice delivered his reserved judgment yesterday morning on the motion heard by him on Wednesday to have set aside an award inade by an umpire betwen Robert Archibald, of Bketahuna, farmer, and the Eketahuna Farmers’ Co-operative Association, Ltd. The award of the umpire, was to denude a claim by Archibald against the association in respect of certain allegedly bafd turnip seed, from which an unsatisfactory crop grew. He decadod in favour of Archibald, who asked that the award be enforced; the association asked to have it sot aside. There were six grounds alleged for the application to set aside the award- Put shortly they were (1) That the plaintiff had been guilty of misrepresentation as to the kind of turnips in the field and thus induced the; agreement to refer, (2) That the umpire declined to receive evidence tendered by the _ defendants. (8) Improper conduct of umpire. (-1) That the umpire was chosen by lot. (5) That the proceedings before tho umpire were improperly dominated by the solicitor for the plaintiff. (6) That an improper basis was adopted in assessing damage®. There were numerous affidavits and the umpire was examined and cross-examined before the court. His Honor found none of the grounds valid, and dismissed the motion for the reversal of the award. Plaintiff's motion for the enforcement of it was granted, .TiJ he was allowed costs on both applications.