WELLINGTON SUPREME COURT

Otago Daily Times, Issue 18591, 27 June 1922, Page 2

WELLINGTON SUPREME COURT

AN APPEAL CASE. DUNEDIN DEFENDANTS. (Pm United Press Association.) ' WELLINGTON, Juno 26. In an appeal case heard by Mr Justice Hoaking in the Supreme Court, the point in dispute was whether or not a contract could be said to be terminated bv the statement of one of the parties to it that he did not intend to carry on with it any further. The case come up from the Magistrate’s Court as an appeal against the decision of Mr E. Page, S.M. Mr C. G. White appeared for the appellants (R. W. Cameron and Co., merchants, of Now York, with branches in; the dominion), and Mr G. G. Watson for respondents ' (A. Adess and Son, scftgoods merchants, of Dunedin). In the lower court plaintiffs sued defendants for £199 17s, being the difference between the price at which a. quantity of blue denim was sold to the defendants and the price it realised at a. resale. It was alleged that, on'' September 17 last, plaintiffs, in a letter,' accepted defendant’s offer for denim, and 1 a. contract was then entered into on September 28. In reply to defendants’ letter on November 5, .plaintiffs wrote stating that it % was impossible for them to cancel the order, and insisting that defendants establish a proper credit. To this defendants replied that, as they could not possibly comply with the request, they considered the contract cancelled. The denim was then sold by the plaintiffs in. Now Zealand. In the statement of defence, defendants contended that there was no concluded contact; that, in certain respects, the contract (if any) had not- been complied with; and that they were within their legal rights in considering the contract terminated, because of plaintiffs insisting on certain financial arrangements being made, in default of which they would suspend the shipment of goods. The magistrate in the lower court held that the request of plaintiffs went beyond the provisions set out in the contract, and that defendants were not obliged - to comply with that request. After hearing legal argument, his Honor reserved his decision.