Carpathia Tin Mining Company v White Crystal Tin Mining Company [1918] HCA 25

OF AUSTRALIA. 399

(HIGH COURT OF AUSTRALIA.]

ARPATHIA TIN MINING COMPANY, ) Mpiiry .. ... , .f APPELLANTS;

AND

PReNOUIABILITY . | {| PSSFONDENTS.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Construction —Agreement for crushing and concentrating ore—Measurement H.C, oF A. ve 1918.

~ appellants entered into an agreement with the respondents by gypxry

h the respondents agreed to crush tin ore for the appellants and to 4,47 10, 11, therefrom a —— Shaan of the tin in hang form of concentrates

F Bi D appellants all the concentrates. In the absence of means for weighing the Gavan Duly " and Wich 3,

ad should be estimated according to the weight of several cubic feet of 'cubic contents of one of the trucks in which the ore was delivered, and of truck loads delivered. A provision was also made for taking

'of the crushed ore and of the tailings at regular intervals during the

'that in the circumstances the provision for taking assays, which 'the factors necessary for ascertaining the proportion of the tin from the ore, must be taken to be the agreed method of ascertaining 'the respondents had extracted the agreed proportion of the tin from and therefore if. applying that method, it was found that the nts had extracted the agreed proportion of tin and if all the concen- produced, which in fact contained all the required proportion of tin, were delivered to appellants, the respondents had performed the

H.C. or A. 1918.

CaRPATHIA Try Mintnc Co., No Lrasriry

HIGH COURT (1918,

Appeat from the Supreme Court of New South Wales. : On 17th August 1916 an agreement was made between the Car. pathia Tin Mining Company, No Liability, and the White Crystal Ting Mining Company, No Liability, which, so far as is material, was as follows :— q 1. The White Crystal Company to crush in its battery 4,000

<q tons or more of tin ore which is to be supplied by the Carpathia _ Tin Mining Company.