DELIVERY OF WHEAT.

Star (Christchurch), Volume XLIV, Issue 300, 18 December 1931, Page 13

DELIVERY OF WHEAT.

Magistrate Holds Contract was Broken. (Special to the Star.”) ASHBURTON, December 17. The reserved decision given by Mi C. R. Orr Walker, S.M., in the civil case, Denis M’Kendrv v. Wright. Stephenson and Co., Ltd., in which evidence was taken in Methven and Ashburton, is as follows; “ This is a claim for £SB 17s 10d, the price of seventy-four sacks oi wheat, being the balance of a quantity sold by plaintiff to defendant. These seventy-four sacks were, according to the evidence, never delivered on trucks at Lyndhurst, and in some way went astray whilst they were in the Lyndhurst railway shed. The contract was for delivery on trucks at Lyndhurst, and these seventy-four sacks were not delivered to defendant on trucks. The contract further pro-’ vides that the vendor took all risks of transit and storage until the goods were delivered to the buyer. “It has been set up by plaintiff that defendant agreed to substitute the railway shed for the trucks as the place of delivery. The onus of proving this lies upon plaintiff and, is face of the definite evidence of defendant’s manager, I cannot hold that the evidence for plaintiff supports the suggested material alteration in the contract. The probabilities, too, are all in favour of the contention of defendant, that the risk of the vendor did not cease till the wheat was put on the trucks. Defendant’s manager was conveying plaintiff’s wishes to the carter when he told him to put the wheat in the shed. “ Defendant therefore must have judgment with costs, court fees 12s and solicitor’s fees £4 45.”