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County Court Case, East Dereham

Volume 436: debated on Thursday 24 April 1947

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Hogg asked the Minister of Food whether he has considered the remarks of His Honour Judge Carey Evans in the case of the Attorney-General versus Grix, heard at the East Dereham County Court, in which he said that the Government Department concerned was taking a point against a farmer which no reputable business man would take; and what steps he proposes to take in the matter.

Yes, Sir. An advance payment had been made to Mr. Grix against future deliveries of potatoes which he had contracted to sell to my Department on the implied understanding that if he gave notice of deterioration delivery instructions would be given within a fortnight or, failing this, compensation would be payable. Had it been established before the hearing that such notice had been given, proceedings would not have been brought. Mr. Grix would have been paid compensation on similar terms to those awarded by the court, in accordance with the usual practice. The form of contract was redrafted some time ago to make this quite clear.