Purcell v Bacon [1914] HCA 86

be Rwercd ty PC - i BZ een 277)

19 C.L.R.] OF AUSTRALIA. 241

(HIGH COURT OF AUSTRALIA.]

PURCELL . 5 ' oy 3 . APPELLANT; DEFENDANT,

AND

BACON : 3 é i . i 3 . RESPONDENT. PLAINTIFF, :

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

Contract—Sale of cattle—Delivery—Time for delivery—Principal and agent— H. ©. or A Authority of agent to vary contract—Severability of contract—Sale of Goods 1914.

Act 1896 (Qd.) (60 Vict. No. 6), sec. 14 (3). ~ r Pe laintift i edad f BrisBaNe, By an agreement in writing the plaintiff agreed to sell, and O. as agent for April 27, 28.

the defendant agreed to purchase, 'the following stock, viz.:—About 1,500 "py. mixed cattle (more or less) now depasturing on Lake Dunn with 100 branded J), 9 44, cattle and all unbranded cattle given in price £2 per head delivery on or 1, 19, before 26th April 1912 on terms £500 deposit to credit" of plaintiff '* balance

cash on delivery of stock also about 700 mixed cattle (more or less) now STit) C-tu depasturing on Ballyneety being the whole of the herd with all unbranded 4... Tac cattle given in price £2 15s. per head. Delivery and conditions of sale same Rich JJ.

as above." Lake Dunn and Ballyneety were adjoining pastoral properties,

one being enclosed and the other unenclosed. It was afterwards mutually

agreed in writing that 26th April should be the date of delivery of both lots

of cattle and the same place was agceed to for delivery of both, Before 26th

April it was arranged between the plaintiff and Q., who was the defendant's

agent to take delivery, that the collection of the Lake Dunn cattle for

delivery should stand over until completion of delivery of the Ballyneety

cattle. The Ballyneety cattle were delivered to O. as agent for the defen-

dant on 26th April. The defendant refused to take delivery of the Lake

Dunn cattle, In an action by the plaintiff against the defendant to recover