A Transaction in Hay.

Southland Times, Issue 18057, 29 January 1903, Page 3

A Transaction in Hay.

[Per United Press Association.] Timaru, Jan. 2S. The Magistrate to-day heaid a dispute between Timaru and Wellington merchants. D. C. Turubull and Co in October last sold to G. H Sialos, Wellington, 3£ tons of b led grass aud clover h*y (129 bales) >it 83s per ton, f.o.b. at Lytielton, the defendants wanting it, to feed stock cai i ied to Sydney. At Wellington 40 bales woie taken out of the hold, and the defi-ndnntu' manager thought it was not good c ioi>gh and g »fc threo experts who all condemned it. The 40 bales weie put ashore. The rest was left aboard at plaintiff's risk and no one s-eeuied to know what became of it.. The main defence was thut the hay was not of good quality. For plaintiff it was shown that uo hint of the purpose for which i.hehay was requiied was given till the bargain ,vas completed, and that the trade uwgG iv f.o.b. tales requires rejection at tho port of shipment. 'I ho Magistrate found for plaint. ff on tl c first ground &* the local evidonce proved that tho same hay was being used foi ordinary feeding purposes, and the defendants hdd no ri-ht to rejact it because it was nut suited to a special purpose not mentioned before the completion of the contract.