THE CHAFF CASE.

Colonist, Volume LVII, Issue 14139, 15 July 1916, Page 7

THE CHAFF CASE.

At tho-Magistrate's-.Courfc yesterday, Mr J. S. Evans, S.M., gave judgment . in the case heard on Tuesday of Alan . Griffiths v. Dalgety and Co., Ltd., a 3 claim, for £112. 10s, the price of chaff } delivered to defendants under contract . whicli it was claimed had been accepted , by defendants. \ The judgment was a. long one and i traversed the case. Mr livans found . that the acceptance of the one ton lot . was not an- 'acceptance- of the balance , so as to pass the .property, in the balance . and exclude the buyer's right to refuse . to take delivery if the cbadf'was not up ; to the quality contracted to be suur plied. The chaff was '"goods sold .'6y . description,"- and the defendants had I the right to a reasonable opportunity of r examining the goods before they were . deemed tohave accepted them. It was i clear that the chair" was-of inferior qual- > ity, and the defendants complained of • the quality of the one ton and promptly I rejected the balance. The delivery of ( the one ton was a separate delivery, . j and did not bind defendants to accept I chaff not in accordance with the con- ; tract. Judgment was given for the'plaintiff for the amount, £3 15s, and costs Bs, paid into Court, the costs of the action, s amounting to £8 6s, to be borne by the plaintiff.