CLAIM FOR DAMAGES.

Gisborne Times, Volume XLV, Issue 4001, 6 August 1915, Page 6

CLAIM FOR DAMAGES.

ALLEGED FAILURE TO DELIVER WOOL. TO.LOGA BAY SUEEPFARMFJt ' CONCERNED. J U!)GAIEXT ItESE RVEJL A case of interest to sheepfarmers was heard at Wellington on July 29. before Air J. W. Boynton, S.AL, when A. S. Paterson and Co., of Wellington, claimed £'l2o from Thomas Utting, sheepfarmer, of Tologa Bay, for alleged failure to deliver a quantity of wool. Plaintiffs alleged that on October 20 defendant agreed with plaintiffs to dispose of a wool clip to them at Ipd per lb. for fleeces and Sid per lb. for bellies and. pieces'. The clip was resold by plaintiff’s in England. It was alleged that on or about November .5 defendant unlawfully repudiated the contract- and refused to deliver the wool to plaintiffs, or to recognise ;iiv obligations under the contract. In consequence of this, plaintiffs were to carry out their obligations with their English TJTTver, and iwvo compelled to pay £J2S by way of damages. Plaintiffs accordingly claimed tins sum from defendant by way of damages for .breach of contract. " " The defence was . that no contract at all had been made with plaintiffs, hut that a straight-out offer had neon made to Dalgety and Co. (who have a business connection with plaintiffs). It was denied that Dnlgctv and Co. bad any authority to act as defendant's agent. Defendant also adegvi that tlioro was no sufficient memorandum in writing to take the contract: out of tlie Statute of Frauds, r.iso that tno parties were never “ad idem.” After hearing the evidence. ’ '-s Worship reserved his decision m the case. Mr T. Neave appeared for plaintiffs, and Mr J. J. McGrath for defendant.