A COCKSFOOT DEAL.

Otago Daily Times, Issue 20022, 12 February 1927, Page 10

A COCKSFOOT DEAL.

LENGTHY LITIGATION. STATEMENT OF CZtiHM. (Special to Dailt TixxsJ CHRISTCHURCH. February H. A case concerning the sale of cocksfoot was heard by Mr H. A. Young, S.M, in the Civil Court to-day. The case is almost three years old. W. D. Wilkins and Sons (Ltd.) , merchants, Akaroa, sued Wright, Stephenson, and Co. (Ltd.), merchants, Wellington. In the statement of claim plaintiffs aaid that on or about April 12, 1924, they Bold to the defendant company 25 sacks of cocksfoot seed for the sum of £137 3a, and that Wright, Stephenson, and 00. (Ltd.) had received and accepted the seed, but had refused, or failed, to pay for it. The defendant company admitted its liability of £137 3* Id, stating that it had tendered £37 3a Id to plaintiff, and that it claimed to have a set-off or £IOO for the balance. The set-off arose in connection with an order by plaintiff for 10 tons of Danish cocksfoot to be bought by plaintiff from defendant subject to inspection and approval of a sample. The plaintiffs contended that they did not inspect and approve of the sample, and that the sample did not correspond with the bulk, which was said to be of low germination, and contained noxious weed seed and other impurities. Following the hearing of lengthy avidence, his Worship reserved his decision.