THE COURTS.

Press, Volume LVII, Issue 17114, 8 April 1921, Page 4

THE COURTS.

MAGISTERIAL (Before Mr S. E. McCarthy, S.M.) DRUNKENNESS. A first offender, who had been found drunk oil the Christohurch Railway Station, was fined ss, in default 24 hours' imprisonment. Duncan Eade, on a charge of being drunk while riding n motor-cycle on the North road 01 Wednesday, was fined £2, in default seven, days' imprisonment, the Magistrate informing' defendant that he waa lucky not to be in°the dock on a. charge of manslaughter. . CrVIL BUSINESS, la each of the following cases judgment, ■with coats, was entered for the plaintiff by default:—Gilinour and eowden v. Albeit 'Nauier, £i 9s; An*ie Bell v. Harry Lloyd, £a's»; W. Strange and Co. v. B. Cook, £1 19 3 6d- , , t ~ F. N. Thompson was ordered to pay J. B. Herriott £24 16s Sd, in default two months' imprisonment. ■\Y. J. Baruett was crdcTed to pay F..D. Kesteven £65 17s, in default three months' imprisonment. J. B. O'Connor was ordered to pay £5 17s 6d to H. Pannell and Co., in default 14 days' imprisonment. TENANCY CASES. Mrs McKenzio was ordered to give possession of a tenement to Zilpha- M. G. Barrow by May 20th. M. Fleming was ordered to give possession of a tenement toHbe Public Trustee, executor of the will of EJiz-abeth Ellen Howell, byMay 20th. , _, . , John S'trassmcycr, cabinetmaker, Christchurch (Mr H. 8. 3. Goodman) proceeded against Mrs Clara, Gardner, nurse, of 24 Albeit street, Linwood, claiming possession of a. tenement. An order was made that possession ehould bo given to plaintiff on or before June Bth. CLAIM FOB KENT. John' Marshall, trading as Everybody's Motor Exchange, proceeded against John Fisher, of Christchureh, optician, claiming! £lO, four weeks' rent alleged to be duo for n, portion of the premises known as Everytody'e M'otor Exchange, let by the plaintiff! V. the defendant. Defendant counter-claimed. £lB2 damagos, for alleged' breach by plaintiff of his agreement with defendant. Defendant's claim for damages was based on tho fttot that the plaintiff cut off his electrio light on Fobruary Ist, 1921, for a period of 11 days, during which period defendant woa unable'to use tho premises to conduct hi* business. Mr M. J. Gresson appeared for tho plaintiff Mr 0. T. J. Alpers for thedefendant. After hearing evidence at, considerable length, tho Maeistrato entered (judgment for plaintiff on both claim a-ud counter- ! claim, with costs. I A SHEARER'S CLAIM. AVilliam Solo (Mr W. J. Hunter) proceeded against Derrick Westenva (Mr H. D. Acland), olaiming £lO IBs 9d damages for alleged broach of contract in respect of an engagement to shear on defendant's station at Vhiterock. Plaintiff'* ea«e wjj, that ho had been engaged by defendant to shear for him, but «. few days before tho date ho wa* duo to start defendant wrote cancelling the engagement. Plaintiff in tho meantime had refused other ongagemcuts. After hearing the ovidonco, tho Magistrate entered judgment for plaintiff for £1 10s, with coats.

DAIRY PARMER'S LIABILITY. Mr S. E. McCarthy, S.M., delivered his reserved judgment in the case Oomoa Leonard Parish-(Mr M. J. Gioseon) v, Harold Rushworth (Mr Donnelly), claim for £2O 13e Od in respect of balance of money duo to plajutiiß bv defendant for milk supplied. Defendant counter-claimed £43 2a 6d, damages for alleged breach of an implied warranty of quality in rrespect of milk supplied by plaintiff to defendant. Tho case -wns h«urd on March! 31st,'when defendant confessed judgment for the amount claimed with coats. Planvtifll disputed tho counter-claim, judgment being reserved. Traversing tho evidonco, Mr McCarthy said' that, during November last,'the plaintiff was supplying' defendant with GO gallons of milk daily. Plaintiff knew that this milk was to' be resold by defendant for human consumption. Early on tho morning of November Otii an inspector under the Sale of Food and Drugs Act, 190S, took a sample from defendant's drume of tho milk supplied by the plaintiff. An analysis. showed that it contained loss than 3i. per cent, of milk, fats namely, 2.9 per cent. only. Defendant was prosecuted, convicted, and fined £2O <mdi costs, £q >2s 6d. As a. result of thia prosecution defendant loßt 20 custoraera, and was compelled for a time to take less milk. This Toss waa reasonably to bo expected, (jiidef section 16 of the Sale of Goods. Act, 1908, there was an implied warranty that tho milk supplied by plaintiff was reasonably lit l ° r sale and of merchantable quality. Obviously it was neither the one nor the other. There could be no doubt that defendant's conviction, bad temporarily arrested the development of his milk-eelling business, with > resultant loss of profit. The Magistrate assessed this loss «t £lO. A* tho fine and coats amounted, to £23 2s 6d, judgment would bo recorded for the defendant on the counter-claim for £33 2s 6d, with coale on that scale. . AN ORCHARDIST'S CLAIM. Judgment was also given by Mr McCarthy in the caso William Annan, orchardist, of Central Otago (Mr A. T. Donnelly) v. Edward Ivory, nurseryman (Mr F. S. Wilding), claim £26 5s for alleged breach of warranty in the sale, by defendant to plaintiff of certain Tilton apricot trees. The case wae heard on Maroh 24th, when judgment was reserved. - Mr McCarthy, traversing the evidence, said that, of the 23 trees sold to plaintiff,- only three were true to name. Plaintiff demanded recompense from defendant, but defendant repudiated liability, claiming that the contract between plaintiff and himself contained a clause relieving- him' from liability for breach of 'warranty. Tho contract between the parties, Mr McCarthy said, contained no such limitation. Plaintiff was entitled to damages, and he thought an award of £'2o would bo reasonable compensation. Judgment would accordingly be entered for thai plaintiff, for £2O, with coats, on that scale.