THIS DAY.

Oamaru Mail, Volume I, Issue 351, 8 June 1877, Page 3

THIS DAY.

. CIVIL CASE. P. Miller v. Hay and Barr. —Th if- was an action to recover the sum of Ll6O 10s. 2d., balance of amount due for wheat sold, to defendants at 4s. 3d. per bushel. The dispute in this case arose entirely with regard to the quality of the wheat, and whether it was bought in the stook or not. Mr. O'Meagher appeared for the plaintiff, and Mr. Hislop for the defendants. Mr. P. Miller, farmer, Waihepa, gave evidence to the effect that he sold the "wheat in the stook, and no stipulation was made with regard to the wheat in question being good milling wheat, and that he had cautioned Messrs. Hay and Barr not to mill the good wheat unless they were prepared to take the injured. Mr. Forrester, a farmer in the same district, corroborated the evidence of the previous witness. Mr. Hay denied that he had bought the wheat in the stook. He had only agreed to take milling wheat, and had told the plaintiff that he would not be responsible for the injured wheat, and that it was stored at his (plaintiff/s) risk. Mr. Barr gave evidence of a similar nature. Mr. Hislop addressed the Bench for the defence, and Mr. O'Meagher for the plaintiff at considerable length. His Honor, after commenting on the contradictory nature of the evidence, gave a verdict for the plaintiff.