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Decisions of the Superior Courts of New South Wales, 1788-1899

Lord v. Bunn [1829] NSWSupC 78

contract, breach of - carriage of goods

Supreme Court of New South Wales

Forbes C.J., 15 December 1829

Source: Australian, 18 December 1829

Lord v. Bunn. -- This was an action on the case for non-performance of contract.  The first count was for 400 bushels of lime put on board the cutter Caroline, not being delivered; and the second for the loss of 2000 bushels through non-performance of contract.  Mr. Keith conducted the case for the plaintiff, and Mr. Wentworth for the defence.

It appeared by the evidence for the plaintiff, that defendant and he had entered into an agreement, by which defendant became engaged to carry 2800 bushels of lime from Port Aiken to Launceston; that the cutter Caroline, Harwood, master, went to Port Aiken for such purpose; that she received on board 1400 bushels, and then refused to receive any more, the master stating that he had got a better market, and took on board a quantity of cedar, which had just arrived there, in consequence of which the remainder was left on Port Aiken beach, and spoiled by the rain coming on; and further, that 300 bushels less than what was received on board had been delivered at Launceston, which was the cause of the present action.

For the defendant it was contended that the agreement between the parties was, that the Caroline was to remain at Port Aiken only seven days; that she remained thirteen days, and then left, considering the place dangerous; and that no account had been taken of the quantity of lime put on board.  Verdict for the plaintiff on the first count, 11l. 15s.; on the second, verdict for the defendant.

Published by the Division of Law, Macquarie University