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O'Neill v Eltham Co-Operative Dairy Factory Company Limited - [1950] NZLR 275

$30.00

High Court Wellington
2, 3, 4, 5, 6, 7 May; 15 June 1949
Hay J
Contract — Breach — Co-operative Dairy Company — Milk supplied by Member — Company obliged to take "truly representative sample" thereof — Use of "Drip sampler" resulting in Short Payment to Member — Estoppel — Defence of Acquiescence by Supplier in Method used — Company bound to perform Statutory Duty affecting Public generally — Member not estopped from claiming Balance payable — Assessment of Member's Loss under Contract — Dairy Industry Amendment Act, 1922, s 8 (a) — Dairy-produce Regulations, 1938 (Serial No 1938/91), Regs 13, 14, 15.

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