A CROP THAT FAILED.

Gisborne Times, Volume XXVI, Issue 2275, 21 August 1908, Page 1

A CROP THAT FAILED.

AIAORI SETTLER SUED.

In the Alagistratc’s Court yesterday morning before Air W .A. Barton, S.M., Wm. A. O’Meara proceeded" against a native named Karen-a Tutapa to recover tbo amount of £26 Us 9d for goods supplied. Air H. Hei appeared for the plaintiff and the defendant was represented by Air H. J. Finn. Counsel for defendant stated that he was prepared to admit all tho items in the statement- of claim with the exception of that of £lB Is Cd for seed oats, and 10s for wire-net-ting. Wm. A. O’Aleara said that lie supplied the defendant with the oats mentioned in the statement of claim. They were good Algerian seed oats, and lie knew they were required for seed, as lie made the sale to the defendant. AVhen he asked defendant for payment defendant replied that he had not got a good crop. Witness imported 5U sacks of the oats from Victoria, and had no complaints from any of the other persons to whom ho had sold oats. Defendant had been willing t 0 pay, but asked for time. To Air Finn : He sold oats every year to defendant, and there was a verbal agreement that the crop should be sold through witness, who was to then deduct the price of his seed.

Air Finn pointed out that the supplying of the oats was a matter of arrangement between defendant and plaintiff, the latter, as had been dono previously, to receive payment out of tho crop. On this occasion there was no crop, as the oats failed to grow. Counsel quoted Section 16 of the “Sale of Goods' Act,” and contended that under the circumstances there was implied warranty in tho sale.

Defendant in evidence corroborated the statement of his counsol regard'iim tho arrangement between himself -and plaintiff regarding the payment for the oats. He ploughed and otherwise cultivated the land, but the crop did not grow as it had done in previous years. He trusted to plaintiff to supply him with good oits, as he had previously done. Every skill and care was used by him in sowing tho oats, and oats that his neighbors put in at tho saino time grew, while- his did not.

To Air. Hei: He did liis own ploughing and sowing, putting in tho oats about the third week in September. Rain fell two days after 110 sowed tho oats, and he though that the drought commenced in the second week in October. A neighbor adjoining had an excellent crop sown a week before witness’. As he was sowing the seed he thought that it looked inferior, and that was tho reason of sowing the seed so thickly. AVi Pakukoko, defendant’s neighbor, also gave evidence of tile failure of the crop, and stating that in his opinion the- oats were carefully sown.

Mehaka Haraki give corroborative evidenco as to tlio scanty crop. There were other good, crops in the district, hut they were sown some five weeks before defendant’s crop was put ill. Mr. Finn asked for leave to withdraw the counter-claim, which was granted, and stated he would not address the Court.

The Magistrate 6aid the only ques-

tion in dispute was the wire-netting nnd ho would give judgment for plaintiff for £26 4s 9d, with costs £3