PURCHASE OF SHEEP.

Otago Daily Times, Issue 19038, 7 December 1923, Page 6

PURCHASE OF SHEEP.

QUESTION OF CUSTOM AND

USAGE

£9722 INVOLVED

(Psr United Pness Association.) CHRISTCHURCH, December 6

A civil action involving £9722 and the question of custom and usage in sheep transactions came before the Supremo Court to-day. Robert M‘Elwhinney, >i stock dealer at Ashburton, is the plaintiff, and Pyne. Gould, Guinness (Limited) the defendants.

The plaintiff alleged that the company’s agent brought Daniel Byrne, a farmer, to buy 3i250 sheep. A sale was made at 34s each. The defendants had removed 150 ewes, but the others wore still on plaintiff's place. The plaintiff had been told that Byrne was ill, and later that he was dead; but he believed that the statement was false. The defendants paid for 150 owes, but refused to pay for the balance or their feed. The plaintiff alleged that tho custom for stock agents was to accept the responsibility to the vendor for the price to the same extent as the purchaser, and he entered into the transaction on that basis. The defence denied the customs of usage, and alleged that Byrne had unconditionally repudiated the contract, while the plaintiff had accepted the repudiation. Tire case is unfinished.