A SHEEP CASE.

Otago Witness, Issue 2493, 25 December 1901, Page 30

A SHEEP CASE.

At the Magistrate's Court, Christeb/uyeh, on Thursday, before -Mr H. W. Bishop, S.M., Robert Latter, of Barry's Bay, sheepfarmer, claimed £150 fiom Dalgety and Co. and Thomas Henry Groome. Messrs Harper and Maude appealed for the plaintiff, Mr Hall appeared for Dalge-ty and Co., and Mr Stringer for Mr Groome. According to Mr Harper's opening, it appeared .hat on November 29, 1900, Dalgety and Co. sold to Mr Latter IGOO two-tooth ewes at Us 3d, f.o.b. at the Spir, Napier, delivery tc be -nade in February, 1901. Dalgety's did not deliver the sheep on chis date, and the bieach ot contract for not delivering the sheep was practically admitted by tLe evidence already put in. The question was more one of damages, and as to who was liable of the jwc defendant". It was alleged that the plaintiff nade the ron ti act with Dalgety and Co., and did not k.irw anything about Groome until affc. ''arc's. Dalgety's said that they were agents foi an undisclosed principal. The plaintiff particularly bought the sheep on the representation of Mr Elliott, Dalgety's stock salesman at Napier, and he was to have a straight run of 1000 two-tooth ewes from the Putira station. On March 8, 1901. he received a telegram from Dalgety and Co., stating that the Tutira ewes were not ap to description, that the first buyer was refusing delivery, and that a law suit was pen-^ne;. Mr Latter replie-d to this that he Had scld the ewes on Dalgety's description that " u ney were a first-class line, and that the contract iLUst be completed. He received another ten pram from Dalgety's, asking him what amo int, in lieu of delivery, he and his purchaser would claim. Mr Latter replied that his claii--was 2s per lieswi, but lie had cot sQeu his

buyer. Dalgety's sent him another telegram asking him to claim delivery, or 3s per head in lieu of delivery. Mr Latter, through his solicitors, accordingly made a demand upon Dalgely and Co. of 3s per head. Theee sheep were originally sold by Williams snd Kettle, of Hawke's Bay, to one Bridgem<in. Bndgeman sold to Grooine, and iho j.l:.mtiff said hat he bought from Dalgety and Co. on the description given by them to him jersonally. . After evidence had been taken, his w 01ship reserved judgment.