DELAY IN DELIVERY

New Zealand Times, Volume XLVII, Issue 10976, 11 August 1921, Page 10

DELAY IN DELIVERY

ACTION FOR DAMAGjES. EXCESSIVE AMOUNT CLAIMED. Reserved judgment in the case of Farmer v. Goodwill and Co was <ie livered by Mr E. Page, S.M., yesterday. The evfdonce was to the effect that the plaintiff, an engineer iu- Hastings, had discussed with the defendants in OetoOt»r, IQI9, the question of their im?orting for him a lathe from America, ie had said that if he should sell his lathe ho would purchase one they were importing. Later he had bought, another, but as this had failed, had offered to purchase the one the defendants were importing. They had agreed at the price of 4215 f.0.r., Wellington, delivery per s.s. City of Agra ahofft April 6th. When the vessel arrived it was found that the la! ho had been «hovtshipped. and as it did not arrive the following Augu&t the plaintiff refused to take it. The plaintiff then brought an action to recover 415 deposit ho had paid over, and claiming 4183 7e Gd damages, alleged to have been sustained by reason of the defendant’s failure to deliver. The Magistrate decided that there had been u contract for tho delivery of Iho lathe, anil that this had been broken. On the other hand he considered the estimate of plaintiff’s damage** to be altogether excessive. Therefore ho gave gave judgment for the plaintiff for 45 and costs 42 14s.