LIABILITY OF SEED MERCHANTS.

New Zealand Graphic, Volume XLII, Issue 6, 10 February 1909, Page 40

LIABILITY OF SEED MERCHANTS.

At the Birmingham Assizes Mr. Robert Tiinnicli tie Pooler, farmer, of Sutton House Farm. near Newport, Salop, brought an action against Messrs. White Brothers, Limited, seed potato iik-reliant*. Evesham. claiming £335 16/] 1 damages for certain alleged breaches of warranty on the sale of seed pota toes. Counsel for the plaintiff explained that the defendants admitted that they contracted to supply the up-to-date potatoes. but they denied that they gave any wa riant v. On the contrary, they said it was part of the expressed term of the agreement that they would give no warranty, and they stated that the potatoes corresponded to the* descrip-

tion given. They denied all damage, ami set up a counterclaim for the price of the potatoes, An invoice was forwarded to plaintiff on April 23, and attached to it/was a pink slip stating that the defendants gave no warranty express or implied, and, while taking every care, accepted no responsibility in regard to tiie crop. The plaintiff, giving evidence, said there were not two per cent of the potatoes of the “Up-to-Date” variety, the others being every mixture imaginable. He estimated his loss at £25 2/6 per acre. liichard White (managing director of White Brothers, Evesham) said he was satisfied that it was all “I ’p-to-Date” seed. The pink slip setting forth the non warranty clause was attached to all quotations and invoices. He wrote to plaint ilf. quoting various prices, and to that letter a pink slip was attached. His Lordship, in summing up. invited the jury to say. first of all. whether the contract between the parties included the non-w a rranty clause. The jury said they wore of opinion the plaint'll’ was unaware of the nonwarranty clause when the contract was made. This was -a verdict for tin* plaintiff, an 1 tin* only question remaining was one of damages. The jury assessed the damages at £242 loss the amount of the counterclaim. Judgment was con-equentlv given for £ 210 6 6. Execution was stayed on the usual terms.