Goldsbrough, Mort and Co Ltd v Carter [1914] HCA 80

19 OLR] OF AUSTRALIA. ee!

And similarity of legislation in other parts of Australia adds to H.C. or A-

the desirability of authoritatively declaring the law. ee In my opinion, the motion to rescind the leave should be farmer refused, and the appeal should be allowed. nen eenal Grirritu C.J. In order to remove any impression that any ee injustice has been done in this case, which might perhaps arise from what has been said by my brother Zsaacs, I think it right to say that at least a statutory majority of the Court take a very different view of the facts from that stated by him, and a different view of the law applicable to them. Special leave to appeal rescinded. Solicitor, for the appellant, J. W. Abigail. Solicitor, for the respondent, J. V. Tillett, Crown Solicitor for New South Wales. B. L. (HIGH COURT OF AUSTRALIA.) GOLDSBROUGH, MORT & CO. LTD. . . APPELLANTS; DEFENDANTS, AND CARTER . ; 6 ' : . RESPONDENT. PLAINTIFF, H. C. or A. ON APPEAL FROM THE SUPREME COURT OF 1914. NEW SOUTH WALES. YN Sypnry, Contract—Breach—Sale of sheep—Specific yoods—Estimate of number—Delivery of Nov. 27, 30; lesser number— Warranty of number—' More or leas" —'* About." Dec. 1, 16.

By « contract in writing dated 26th June 1912 the defendants by their Griffith 0.J.,

agents sold to the plaintiff " the undermentioned stock, more or less, namely, eases J.

430 HIGH COURT 1914.

H.C. or A. about 1,600 Canonbar bred ewes six years off shears 1912, about 2,400 Canon-

1914. bar bred ewes seven years off shears 1912, now depasturing on Canonbar —~ Station, being the stock recently inspected for the purchaser by self" at Goxps- 5s. 6d, per head for the six-year-old ewes and 5s. per head for the seven-year- pei old ewes, the plaintiff being allowed 5 per cent. rejection, The defendants v. > then agreed to deliver and the plaintiff to count and take delivery on a date to Carter. be mutually arranged (and which was afterwards fixed at 28th October), unless