New Zealand Loan and Mercantile Agency Co Ltd v Wright Stephenson and Co Ltd - [1930] NZLR 630

Sale of Goods — Agreement for Sale of 4,000 Sacks A Grade Garton Oats for Future Delivery — Vendor appropriating Oats of required Quantity and Description to Contract — Store Warrant and Grader's Certificate for Oats issued to Purchaser — Oats described in Warrant and Certificate as branded in particular Way — Brand having no Reference to Quality, Grade, or Origin of Oats but going to Identification merely — System of "Stack Branding" and "Stack Grading" followed — Payment made by Purchaser against Store Warrant — Claim by Purchaser to reject Goods on Delivery because each Sack not branded and graded as represented in Store Warrant and Grader's Certificate — Whether Appropriation effected by Vendor assented to by Purchaser — Relationship of Parties — Whether Vendor and Purchaser or Bailee and Bailor — Appeal against Judgment upholding Purchaser's Claim to reject Goods allowed — Sale of Goods Act, 1908, s 20, 21.