High Court of Australia
Q fracas Guage
Sn the Sigh Vout
Roun of Bouty Ouotialio'
Syoring'
"WF
Voungy senor g
€ valence alleged to be due teh _ under dn agreement for the agis t feeding aud taking care of vert
_ghoep vin!~ 4OWO from 25th Oeton
ho weeks : ; 4000 fro lst November 1919 to 30th April 1920 o
oer
sondents and
The responden
sphellants eledin ig concerned 'the subs
in ascordance with the terme @:
the 'agedenant, or only-upon the: 'auaber af . tte 3
of sheep actually depasturing on the land from, time to time,
On the counterclaim the iseues raised and contested ini this
"Oourt are (1) Thether the appellant was under.a duty to take 'eare ofethe sheep I ;
and (2) if so,whether he hed failed in the performance of his duty.
te time
(2) that the appellant ed ureder, a dety to take: care of bhe
sheep" 7 = AG). thet' th take duescare of the sheep,
and on these findings entered judgment on the claim for the appel- lant for £424-13-8 and on the counter claim for the respondents for
£1117-4-6.
The sw of £424-13-8 was made up as follows viz:-
£499-13-lu for the sheep agisted on Naracoorte, £91U-&-3 for those agisted on Sheoak Range and £114-11-7 for disbursements ema lese {
£lllc paid on account.
The sum of £1117-4-8 was made up of £836-8/- damages for loss of 1394 sheep worth 12/- a head lost through the negligence of the appellant and £28) -16-8 expenses incurred in efforts to recover
these sheep. The first question for consideration is on what footing the amount payable to the appellant for agistment is to be calculated
The agreement between the parties was partly in writing
and partly oral. Before any written communications passed between
t
ene IS DM ATMA I
AY the parties the appellant had agreed with the respondents! manager,
one Kimberley, to take on agistment 8UUU sheep on certain specified
areas of land. The respondent Young then telegraphed to. appellant accepting his offer and confirmed this telegram by a letter which,
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