A LIQUOR DEAL.

New Zealand Illustrated Sporting & Dramatic Review, Volume XVI, Issue 916, 26 September 1907, Page 21

A LIQUOR DEAL.

Last week, in Wellington, His Worship (Dr. McArthur, S.M.) delivered judgment in the cash'of T! "arid W. Young (Mr.

Neave) v;- J. A. Clay (Mr. Levi), a ’- claim I 'for 10s for cigars indented to J the .order of the defendant. ' ' ■■ The goods were ordered on August r 22nd,' 1 1906,' but did not arrive till April, 1907. The indent stated that the cigars would be “shipped as soon as possible. ” The evidence on behalf of the plaintiff was to the ' effect, that about eight months was a reasonable time for the receipt of cigars after ' ordering. Plaintiffs’ traveller, who took the order, said the cigars had been ordered in the usual v way, and there had been no mention of cabling or of c’gars having to arrive in time for the opening of the Exhibition. This was denied by the defendant, ahd a witness who was present. It was, however, stated in evidence that “it would be utterly impossible for. cigars, ordered in. Aqgust to arrive in November;” In view of the conflict of evidence, his Worship was of opinion that he must be guided by ,the .fact that the indent simply said “as soon as possible,” and the evi- " dence that six or eight, months was a reasonable time within which to receive cigars., , Moreover, the defendant had in writing a. condition that if he sold, his .-.hotel .within a. certain .time the order - was to , )>e cancelled.. It was open to him to have inserted : a condition that the goods were to be delivered before a certain date. As io counsel’s contention:

that the defendant was entitled to have a sight of the goods, or a small sample of them, and that the ninety days ran fr*om the time defendant had such an opportunity, it was shown, in evidence that

“after sight of goods” meant “after arrival of goods.” Further, the indent stated 1.8., i.e., in bond. .Judgment was,, therefore, entered for plaintiff, with cost# $ C£io 6s). *’ i