Untitled

Auckland Star, Volume IV, Issue 1195, 21 November 1873, Page 3

dictate to his learned friend, but he still «entended that the maize was not purchased

"Mhe price claimed. \f' 'Tis Worship begged of counsel not to take — MBowKmnecessary time. I <<fr Russell said he knew the course his ' 'friend wished to take, but he was resolved, if possible, not to be defeated. Joseph Craig deposed that he bought the maize on the understanding that the price was 7s Gd per bag. When lie received the invoice he had only about half the quantity home. He would not_ have had the maize at the higher price, it would not have paid him, but on the hand he should have lost £5 Jss by!the quantity, according to the price he realised by it. He received at 7s Gd, and subsequently received an amended invoice at Ss Cd, but he had sold the maize in the meantime at a less price that the latter demand. He sold the maize upon the strength of the price of the first account. He did not bid 8s Gd, nor did he know that there was an error.

To his Worship : , The highest bid he made on that day was 7s 6d. He sold 50 bags of the maize on the same afternoon at 8s (id, and kept the remainder. He bought it because it was cheap, and thought it would suit for fowls and pigs. To Mr Russell: He sold some at 10s and some at 12s 6d per bag, and 35 bags at Bs. The balance of the quantity he kept for himself. He thought he got a guinea out of the quantity sold, considering that 7s 6d was the price, but if he paid the extra shilling, he should be a loser.

Council on both sides having, at considerable leugth, addressed the Court, his Worship reserved judgment. This was all the business.