A CANCELLED CONTRACT

New Zealand Times, Volume XLVII, Issue 10965, 29 July 1921, Page 7

A CANCELLED CONTRACT

c ORDER FOR OREGON TIMBER. A SOUTHERN DISPUTE. Per Press Association. TIMARU, July 58. At the Supreme Court, John Jackson and Co. sued the South Canterbury Co-operative _ Freezing Company for £7921 for failure to accept a shipment of Oregon timber obtained for them by the plaintiffs. Defendants proposed to bund freezing works at Washdyke. Plane were drawn and a site purchased, and in September plaintiffs were advised that they could obtain the timber to be shipped in October and arrive in December or January, if possible. Plaintiffs’ agent was unable to obtain a ship for 6ome time, but eventually the timber left Puget Sound on February 6th, and arrived at Timaru on May 28th. In the inter-, val the company decided hot to build, and refused to accept the timber on arrival.

The defence is that the timber should, under the contract, have been shipped in October, to which plaintiffs reply that the contract saves them from liability for delays not under their control, and that certain acts of the defendants before and after the arrival of the timber waived their right to repudiate the contract. . The indent cost of the timber ordered for defendants was about £12,000, but the plaintiffs sued for reduced value at date of arrival. After hearing evidence as to the negotiations and as to value variation, it was agreed to send the case to the Appeal Court for legal argument.