Harvey v Devereux [1915] HCA 2

19 C.L.R.] OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.}

HARVEY . F i ; 5 . APPELLANT; PLAINTIFF, AND DEVEREUX 'A ' i a ; 5 . RESPONDENT. DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF TASMANIA,

Contract—Interpretation—Guarantee—Agreement to furnish * full account."

By an agreement in writing between the plaintiff and the defendant which recited that the defendant had contracted to sell certain orchards to certain persons and during the negotiations had represented that he would guarantee that the orchards would yield 6,000 cases of fruit, and that the plaintiff had agreed with those persons to purchase the fruit in the orcbards for a certain sum if the defendant would guarantee that the orchards would yield 6,000

H.C. or A. 1915. Hoparr, Feb. 15.

Griffith O.J., Isaacs and

cases of fruit, the defendant guaranteed accordingly and agreed that if the Gavan Duffy JJ.

quantity of fruit should be less than 6,000 cases he would pay the plaintiff 2s, 9d. for each case short of that quantity. It was also agreed that the plaintiff should keep ''an accurate account" of the fruit which the orchards should yield, that he should render to the defendant 'a full account" of all fruit obtained from the orchards certified to as correct by the plaintiff's accountant, that the books of account of all fruit taken from the orchards should at all times be open to the defendant's inapection, and that he might nominate a person to be employed by the plaintiff to act as tallyman for the defendant.

Held, that the 'full account" intended by the agreement was an account showing in full the number of cases to be paid for by the defendant in the event of there being less than 6,000 cases, and not a detailed list of all the varieties of the different fruits taken from the orchards and the quantity picked of each variety.