QUALITY OF MILK SUPPLY

Southland Times, Issue 24986, 24 February 1943, Page 2

QUALITY OF MILK SUPPLY

DISPUTE BETWEEN GORE PARTIES

The quality of milk supplied from the farm of a solider to a firm retailing milk in Gore was the main question in dispute in a case which was partly heard in the Supreme Court at Invercargill before his Honour Mr Justice Kennedy and a jury yesterday. Godfrey Gutschlag, a soldier and farmer, of Gore (Mr G. C. Cruickshank), proceeded against Harold Charles Grace, Kenneth Harold Grace, Stanley George Grace and Charles Douglas Grace, trading as H. C. Grace and Sons, milk vendors, of Balclutha and Gore (Mr I. B. Stevenson, of Dunedin), claiming £2324/2/6 for alleged breach of contract. The defendants counter-claimed for £1451/7/11 damages for loss of a pure milk supply. Counsel announced that a settlement had been reached on certain items in both the claim and the counter-claim. The following jury was empanelled:—Christian Carfae Lange (foreman), Robert Shaw, Ewen Campbell Agnew, William Robertson Lang, William Francis Poff, James Robertson, James Storrier Roby, Walter Frederick White, Philip John G. Lindsay, Alexander Low, Norwood Johnston Walsh and Robert Hamilton. SALE OF MILK RUN In opening the case for the defence by arrangement between counsel Mr Stevenson said the main question was the quality of certain milk supplied by the plaintiff to the defendants. The plaintiff had carried on business for some months at Gore as a dairy farmer and milk vendor. He had not had a long experience, while the senior partner in the defendant company had had a lifetime experience in the trade. He held Government school contracts and other contracts and last year the company had handled 198,000 gallons of milk. The milk supply in Gore had been causing concern for some time and Grace had been attracted by an advertisement offering a milk run for sale. Negotiations had been entered into, but no agreement had been reached. Grace had then started in business in Gore. When the question of zoning had arisen the zoning officer (Mr T. H. Langford) had been brought into discussions and as a result of negotiations an agreement had been made effecting a sale to Grace and Sons of Gutschlag’s retail milk run, vehicles, cans and other plant. Gutschlag was to continue operating his dairy farm through a manager and supply up to 60 gallons of milk a day at 9d a gallon in the summer and 1/- a gallon in the winter. Goodwill had been paid for his business at the rate of £3/10/- a gallon of daily supply and payment had been fixed on 74 gallons, but it had now been agreed that it should, be on 66 gallons. The agreement provided that the milk should be pure and unadulterated with all its cream.

COMPLAINTS RECEIVED Grace and Sons took over the business on October 7 last and continued to take milk from Gutschlag until December 2, said counsel. Many complaints were received from customers about the keeping quality of the milk and Grace and Sons became seriously alarmed. Under test by the reductase test Gutschlag’s milk failed for keeping quality. On November 18 a sample of milk taken by the health inspector was found to be deficient in butterfat. On one occasion a member of the Grace family saw a collie dog go into the plaintiff’s milk room and drink from a bucket of milk on the floor. When the plaintiff’s manager was about to empty the bucket into a can and Grace objected, the manager merely laughed. Members of the defendant company urged Gutschlag’s manager to improve the quality of the milk without result and finally notice was served on December 2 that no more milk would be taken and an action for damages would be started. The plaintiff, however, took action first. The jury would be asked to decide whether the plaintiff had supplied to the defendants milk which was not pure. Evidence by members of the defendant company, the health inspector (Ralph W. Connor), and Mrs Margaret Burke, a dairy farmer supplying milk to Grace and Sons, was heard yesterday and the case was adjourned until today.