AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume I, Issue 92, 5 June 1877, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tuesday, May 29,1877. (Before Justin Aylmer, Esq., E.M.) WOOD BROS. V. SHADBOLT.

Claim for £41 10s Id, being amount claimed for breach of contract for nondelivery of grass-seed. Mr. Nalder appeared for defendant. Mr. J. Wood, of the firm of Wood Bros., deposed : On the 16th of January last, my brother purchased from the defendant 300 bags, more or less, of cocksfoot grassseed, to be good marketable seed, at the rate of 4d£d pevlb., the seed to be delivered in Akaroa, and the steam launch to be allowed 5d per bag for carriage ; payment to be made half money, on three months acceptance, and half in goods at wholesale prices. The written agreement was put in, and also a copy of letter, in letter-book, asking Mr. Shadbolt for delivery. By Mr. Nalder : MyseJf and brother are members of the firm of Wood Bros. & Co. On the day we purchased , the lot in question, we sold a large parcel, and we depended upon Mr. Shadbolt's 300 bags to perform the contract. The contract-was made after we purchased Shadbolt's seed. The plaintiff' objected to the terms of the telegram being publicly mentioned—it was enough that he showed a margin of profit —The firm based its calculations on Mr. Shadbolt's price, and we made a loss, or rather we did not make the profit we calculated. We had to seed from various growers to keep within the meaning of our agreement. By the Bench: The list of seed purchased produced, is what we had to purchase to perform the bargain mentioned in the telegram, which we supplied. _ In one instance we had to pay a commission. What seed we paid cash for we charge interest on in account, to make it equal to cash. B. Shadbolt examined by Mr. Nalder, stated that he was the defendant in the case, and signed the agreement produced. Mr. Wood came a few days after the purcease, and said his brother growled, as I had got too much for the seed, and asked me to lei the agreement be at an end, and asked me not to buy grass-seed from any one. I have seen Mr. James Wood, the senior partner, often, and he never spoke to me on the subject, or asked me to deliver the seed. The understanding between myself and W. Wood was—the bargain was off, and I was not to buy grass-seed, and the word was " mum." I cannot say if the date was 19 th January.

Mr. W. Wood, examined by Mr. Nalder, said : I am a member of the firm of Wood Bros., and made the agreement in dispute with defendant. What he has stated as being let off that agreement is untrue. I never asked to be let off the bargain at all. The defendant gave me distinct instructions to buy grass-seed on his account, and charge him with any difference in price, as he found he could not supply the quantity purchased. I recollect having a conversation with the defendant, but never agreed to let him off the bargain. It was always the other way, and I wrote a letter, declining to let him off. By Mr. Nalder : Shadbolt never assisted me to buy grass-seed. There was no date fixed in contract for delivery. The understanding was that it was current season's seed. Had never broken similar agreements. About a year ago, in the matter of a purchase of pigs from Mr. Scott, I did not take the heads off them. I purchased the pigs dead, but they turned out alive with maggots. Mr. Nalder pointed out that, even in the .event of the Court holding that the' contract was good, interest as charged could not be allowed.

The Bench reserved judgment till next Court day.

Friday, Ist June. (Before Justin Aylmer, Esq., 8.M.) POLICE V. T. ROWLAND. The prisoner was charged with being illegally, on the premises of T. W. Barker, Head of the Bay. . The offence was admitted, and the accused was discharged, and advised to go to work, and not hang about publichouses. H. ELLIOTT V. A. CONDON. - M| ... ,-, The defendant was charged, with.using abusive and insulting language to the plaintiff. ~ ... , .., , Mr. Nalder for the plaintiff, evidence it appeared that the quarrel arose out of the late election of ;tbe Le Bon's Bay School Committee.- Evidence was heard at considerable length on both sides, from which it generally appeared that the compliments of the morning had been passed in anything but a parliamentary manner. The Bench dismissed the case, and advised EJliott when he met Condon in future, not to say " good morning."

WOOD BEOS. V. SHADBOLT. ; His Worship gave judgment in this case, remarking that the evidence from telegrams and letters was in favour of the presumption that Shadbolt had not been let off the written bargain. The judgment would'be for the amount claimed, £4110s Id., less the interest, £6 7s. Id., £35 35., and 12s. costs.