SUPREME COURT.

Star (Christchurch), Issue 7391, 1 May 1902, Page 3

SUPREME COURT.

ET BANCO. Thursday, May. 1. (Before his Honor Mr Justice Denniston.) LATTER V. DALGETY AND CO. AND ANOTHER. In Banco at the Supreme Court to-day, Mr Justice Denniston heard the appeal case, Latter v. Dalgety 'and 1 Co. and another. Robert Latter, a sheep-fawner, of Barry's Bay, had sued Dalgety and Co. and Thomas Henry Groome, of Te Aute, Hawke's Bay, for breach of contract in regard to the sale of a line of 1000 ewes, which were to be delivered at The Spit, Napier. Judgment in the ca|e was given by Mr H. W. Bishop, S.M., for the plaintiff, and against this decision the defendant Groome now appealed to the Supreme Court. 'Mr Stringer appeared fon the appellant, Mr Hall for Dalgety and! "Co., and Mr Harper for 'Latter. The appeal was based on the ground that the Magistrate's decision was wrong in fact and in law, and that, afc the trial in the lower Court, I'here had been no evidence to show that damage 'had been sustained by the plaintiff on account of the 'breach of contract on which the action was based. It was also urged) that there was no such agreement as was found by tie judgment, ' and that, even if the agreement had been come to between {Dalgety a,nd Co. and the plaintiff, it wa.s not authorised by the defendant, Groome, and he was not bound by it. The real damage sustained by the plaintiff could he ascertained by reference to the price afc -which similar sheep to those connected with the dispute coulo be purchased at the time of the 'breach of contract., at the place fixed for the delivery of the sheep. It was also held that, according to the evidence at the trial in the lower 'Court, the plaintiff was entitled to only nominal damages, or judgment ought to have been entered for the defendants. Latter had agreed to purchase 1000 ewes of a certain description, 'but Dalgety end Co., -who were acting for Groome, found that they could not deliver such sheep. Th,ey informed Latter of this fact, and suggested that he should press for delivery, or claim 3a a head «s damages. Communications passed between the parties, and ifc was on this that the contract was fixed 'by the Magistrate, who also held that the parties themselves had settled' the measure of damages at 3s a head. [Per Press Association.] WELLINGTON, May 1. At the Supreme Court criminal sittings to-day, Joseph Smith, for assault on his wife with an axe, was sentenced to ten months' imprisonment, and Dennis Riley, for assault, to four months' impnsonment. : : j ' :