High Court of Australia
Judgment. Knox C.J.
The plaintiff sues to recover damages for treach of a con~
treot in writing dated 25th April 1921 for sale and delivery te him
4h of about 4000 wethera<and alternatively for convereion of the said
wethers.
The defendant counterclains for damagee for breach of the
seid agreement by the plaintiff. The facts proved are as follows t-
By contract in writing dated 25th April 1921 the defendant agreed to
sell to the plaintiff about 4000 wether weanere therein described at
9/6 per head. The relevant terms of the contract are ag follows:- "Terms cash on advice of purchaser of number delivered free of ex-
"change at St George. Pro forma delivery to be given and taken at "Cashmene West on or about the 25th day of May 1921 or within 2
"noure from noon on the said date unlass bona fide delayed by rain, "flood or bush fires, but so that delivery shall in no case be de- "layed beyond the day of 19 6 Such delivery ehall "be considered actual delivery (witkeut another count being made)
"ahen payment is completed, but not before, and further until such
"payment ie made, Purchaser to hold the above-mentioned stock as
"Agent ontyZin trust for the Vendor, as continuing owner of the said "steak. Should any diapvte arise in regard to macula contract "euch diepute shall not vitiate the sale, but the matter in diapute "shall be stétled by Arbitration in the usual way."
The sale wae made by the firm of Camerona (which carried
on business at St George as stock & station agents) as agents for the defendant. During the whole of the relevant period Misa Withers
wae in charge of the office and business of the firm, and she sot
negotiated the Gontract. At all material times beth the defendant 4
the firm of Camerona knew that the plaintiff resided at Tamworth é@in
the State ef New South Wales, On cr about llth May Mise Withers, at
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