SALE OF POTATOES.

Gisborne Times, Volume XXVII, Issue 2556, 17 July 1909, Page 2

SALE OF POTATOES.

AN INTERESTING CASE

Wallace M. Moore (Mr. F, AV. Nolan) proceeded against Lawrence and 00. and AAA J. P. Gaudin (Mr. AY. L. Roes), at the Magistrate’s Court yesterday morning. The case was a claim for £l2 11s 3d, for 3 tons 7cwt of potatoes at £3 os a ton, and was partly heard last week, but was withdrawn to allow AY. J- P. Gaudin to be joined with the defendants. Mr Nolan outlined his case and called the plaintiff, who said that on the 25th of March. he saw Lawrence, who told , him he was in partnership with Gau'din. AVitness offered some potatoes for sale, and Lawrence after examining them offered £3 15s per ton, which was accepted on condition that delivery was taken on the ground. AVitness agreed to wait a month for payment. About April Ist, G. Robb was engaged to cart the potatoes to town, Mr Gaudin signed a delivery note, Lawrence and Co., per W. J. P. Gaudin. ' xioout a week after delivery Mr. Gaudin told him some of he potatoes were going bad, and wanted him to como in and see them. He said he hadn’t time, but the following day called round to see the potatoes, and some were bad. They had been picking them over. He said he would meet them in a fair way. •_ It was agreed they should go on soiling them, and witness would make them an allowance when they were all disposed of. On the 17th of April witness ■ called in again. Some of the potatoes wore then being sent to Miller and Craig’s auction mart. He saw Mr Gaudin about ten days later and asked if the potatoes had all been disposed of, and Gaudin said he did not know, but would see Mr Lawrence, and tli-fen would oome out and have a settlement. That was the last conversation witness had with Gaudin. AVitness sent an account through his solicitor, but got no reply. He was using the potatoes at the present time, some were going bad, but not many. By Mr Rees: Lawrence saw all the potatoes before and after they _ were bagged. The last load was delivered about April 6 or 7. Mr Gaudin saw witness about the 15 April. On the 16th he saw the potatoes. Mr. Gaudin did not tell him every package but one of potatoes sent out had been returned. Mr Lawrence had told Mr Little to get the potatoes off the premises, and they were taken to the yard. Mr Lawrence did not' tell him Mr Little had condemned the potatoes that were exposed outside for sale. AVitness had not asked Mr Gaudin or Mr Lawrence what had become of the potatoes. Lawrence had told him they were his potatoes being sent to the auction mart.. G. Robb, coal merchant, gavej evidence as to having brought the potatoes in to town. The potatoes then looked sound. J. B. Simm said ho was a neighbor of the plaintiff, i He saw the defendants on the ground at different times, and they appeared to be examining the potatoes. He learnt from Lawrence later on that he had bought Moore’s potatoes. He was a grower of potatoes and his uotatoas were from the same seed as Moore’s. He picked his potatoes over after digging and got a bucketful of bad ones out of five sacks. Plaintiff’s potatoes were better than his.

Plaintiff, recalled, said he sold one sack to Lyndon for 10s. Lyndon' did not want the money back. He made a refund on some that had gone bad. AV. J. P. Gaudin said that the first he heard about the potatoes was when Mr Lawrence had told him the plaintiff had some local potatoes to sell. The price wanted was much in excess of what they were paying in the South. They made an offer of £3 15s a ton, which was accepted. Some of the potatoes were sold straight away, and in each case were returned. He went to see the plaintiff, and told him the potatoes were bad. Plaintiff would not come to see the potatoes, Hut said they were his (defendant’s) -otatoes. Plaintiff came the next day. and saw the potatoes, and agreed they were bad. Several of .the neighbors had complained about the odour of the potatoes. The inspector came to the shop, and ordered the removal of the potatoes. All the return they got was 10s. Mr J. Lawrence stated that he dicl not see all the potatoes on the ground. He told plaintiff that nine sacks bad been sold for 9s a sack, but had been returned. AVhen plaintiff came to see the potatoes he said they were bad, and said for them- to get what they could. On the 15th the Inspector came and ordered the removal of the potatoes before 5 o’clock. All the potatoes but three sacks were removed. These also bad to be destroyed later on. By Mr Nolan : The potatoes appeared good and sound on the top of the bags when they were carted in. If the tatoes had given any sign of disease he would not taken them. The first time they were discovered to be bad was on the Bth, two days after the last had been'delivered. About three days later it was discovered the bulk were going bad. AY. J. P. Gaudin, recalled by Mr Rees, said that he told Mr Nolan that he refused to pay for the potatoes as they had been condemned. J. R. Little, borough .inspector, called, deposed that about the middle of April his attention was called to the nuisance existing in the yard-of defendants’ premises. Ho visited the yard and saw a heap of rotten potatoes in the yard, and ordered their removal. The potatoes were not fit for human consumption. Counsel then addressed the Court and judgment was reserved.