DELAY IN DELIVERY

New Zealand Times, Volume XLVII, Issue 10962, 26 July 1921, Page 7

DELAY IN DELIVERY

MERCHANTS IN COURT. A REPUDIATED CONTRACT. Mr E. Page, S.M., was engaged yesterday in hearing a ease in which Hutcheson, Wilson and Co. (Mr A. Blair) proceeded against Thomas Nightingale, of Oamaru (Mr T. Neave), for the sum of ,£l2B 3s 6d. The statement of claim set out that this amount was the cost of one and'a half bales of aorim at Is 7sd per yard, f.o.b. Wellington, which goods were forwarded from Wellington by the s.s. Corinpa on April 9th, 1921. For the defence it was contended that the contract was not, in writing as required by statute, and also that there had been undue delay in it having been understood that the goods -were to reach the defendant in. January or February.' Mr Blair submitted that the goods would have reached the defendant in due time, hut for the shipping hold-up on the Wellington waterfront, which can sod the delay. He contended further that letters which had been passed between the parties atoned for the want of writing. After hearing evidence on both sides, the magistrate determined to reserve bis decision.