DISTRICT COURT.—Monday.

Auckland Star, Volume I, Issue 193, 22 August 1870, Page 2

DISTRICT COURT.—Monday.

[Before His Honor Judge Beckham.] Defended Cases. Christopher george quick v. bell, bros. Claim, £50 damages, Tor non-fulfilment of agreement. Mr. MacCormick for the plaintiff, Mr. Hesketh for the defence. A jury of four was empanelled to hear the ease. The names of the defendants, as set forth in summons, were Andrew Bell and John Bell, the But Mr. Hesketh stated that Mr. John Bell had nothing to do with the firm, and that Mr. Andrew Bell alone traded under the style of Bell, Brothers. Mr. MacCormick stated that he was not aware of this fact, and therefore allowed a nonsuit to be recorded as against John Bell.

The case then proceeded against Mr. Andrew Bell.

The facts as set forth by the plaintiff, were as follows:—It appears that in April last Mr. Bell agreed to supply the plaintiff with 4000 bushels of Canterbury oats, within a period of six weeks, at the rate of three shillings a bushel. An agreement was drawn up and signed by the defendant, also by Mr. Quick's clerk (Mr. Afoflin), who, however, only signed it as a witness, Mr. Quick not signing it at all. In this agreement the plaintiff stipulated to forfeit the sum of £50 if he did not carry out the tenor of the contract. Subsequently, however, he informed the plaintiff that he should not be able to let him have the oats at the prica The plaintiff told him that unless he did so he should expect some compensation, as oats had gone up in the meantime ;^but the six weeks elapsed, and the oats were not supplied, nor was compensation granted. At the end of the six weeks, Mr. Qaick was compelled to purchase a large quantity of oats, by which he alleged that he had suffered considerable loss, hence the present action.

The defence was, the agreement had never been signed by Mr. Quick ; that Air. Bell told him, within two hours of signing it, that he could not carry out the contract; "that the agreement had not been stamped for five weeks after it was made, and that oats might have been purchased by Air. Quick if he had chosen at even less than 3s. a bushel before the expiration of the six weeks. A number of witnesses were called, and the learned counsel on both sides addressed the jury, but the decision of the Court had not been given when we went to press. [Left sitting.] *