Perry v. the J. G. Ward Farmers' Association.

Otago Witness, Issue 2086, 15 February 1894, Page 14

Perry v. the J. G. Ward Farmers' Association.

TO TEE EDITOR. _ Sja s ~Jt-sa_w_iu Friday's paper Mr Fisher's letter as to the magistrate^deciaion in the case of Perry v. the J. G. Ward Farmers^Aasooia- " tion. I heard the evidence given, and agreed, with, most of those present, that the verdict could only be for the plaintiff. It was shown conclusively that "draft" in the sale of oafs was quite unknown in the district, and had never been heard of before. If it had been deducted by the defendant, as in other transactions, it was never shown on the sale notes rendered, which merely showed the number of bags, number of bushels net, price, and total amount ; no gross weights or tare were shown in 1 any instance. The Invercargill evidence was to the effect that there was a local usage, bat it was admitted by the defendants' solicitor that the Dunedin evidence did not justify a contention as to it being the custom in other centres. The transaction was entered into and finally completed at Heriot, where the grain was weighed and delivered in the tracks at that station, and the plaintiff's responsibility then ceased. Mr Ward's evidence stated that " draft " was always shown in rendering accounts. It certainly was never shown in any produced, nor in I his Gore manager's evidence, nor were any of i the contract notes spoken of by Mr Fisher produced in evidence.— l am, &c, February 5. G. P. P. S.— There is one point that was not brought out. It was contended that the "draft" was claimed for shrinkage, but in this case the grain had been stored for two years, and the shrinkage must have already taken place. — G.P.