A DEAL IN POTATOES.

Sun (Christchurch), Volume V, Issue 1293, 5 April 1918, Page 5

A DEAL IN POTATOES.

SUPREME COURT DECISION. Judgment was given In the Supreme Court this morning by his Honour Mr Justice Herdman in the action between the Canterbury Farmers' Co-operative AssochbHon, Ltd., Timaru Branch (Mr Kinnernen with him Mr W. J. Hunter) and Robertson Bros., of Auckland (Mr C P. Skerrett, K.cS with him Mr J. H. Williams). His Honour said that the plaintiff COW traded to sell defendant three separate lines or potatoes—so tons at £5 10'- per tdli on April 16, 1917; 23 tons at £5 16/- OQ April 24; and 25 tons at the same price on April 24. In the terms of the contract the potatoes were placed f.oJ>. the Kurow at Timaru on May 18, 1917. After inspecting the potatoes at the port of arrival the defendant rejected the whole of the shipment. The sale was a sale of goods by description, and there was therefore implied a condition that the goods should correspond with description. Further, it was a ease hi which the goods were delivered unexamined by the buyer, and the buyer was not therefore deemed to have accepted the goods unless and until he had had a reasonable opportunity of examining them for the purpose of ascertaining whether the goods were delivered in conformity with the ceo* tract. His Honour said that it was reasonable to hold that the place at which the purchaser of the potatoes carried on business was the place at which he was entitled to make the examination. He therefore decided that the defendant had the right to inspect the goods on arrival and to refuse an acceptance if an examination revealed that they were goods which did not answer the description. It was impossible to hold that the plaintiff company had discharged the onus of proving that the potatoes de* llvcred were of the quality and description which it agreed to supply to the defendant, Judgment would therefore be for the defendant. As the amount in dispute at the time of the trial was £227 3/1, together with £SO for general damages, and Interest amounting approximately to £l2, he would allow costs on the sum of these three amounts, namely, £289 3/1, together with witnesses' expenses and disbursements to be settled by the Registrar.