DISTRICT COURT, CLYDE.

Cromwell Argus, Volume V, Issue 224, 24 February 1874, Page 3

DISTRICT COURT, CLYDE.

Monday, Fbbuauy 16. (Before His Honor Judge .Wilson Ordy.) [We; make the fiMowing extracts from; the Diinstan Times' report of proceedings at the ahove Court. ] Wm. Brown v Enough.—Damages, £B2 10s; breach of contract. Mr F. J. Wilson appeared as counsel for plaintiff.; Mr Cowan, of Cromwell, for the defendant. This was an rciion to recover damages for a breach of agreement to deliver live hundred bushels of oats purchased in October, 1873,' by the plaintiff from the defendant. From the evidence it appeared both parties to the suit are carriers, the plaintiff carrying from Dunedin with horse teams, the defendant carrying between Cromwell and Nevis with bullock teams ; that plaintiff had taken a load to the Nevis, and whilst there be met defendant, who entered into an agreement to sell him .(the plaintiff) ,500 bushels of oats, to be paid for when delivered, and to be received in any quantities. Evidence was then adduced that on plaintiff making a demandfor the oa s he was refused delivery s and that in consequence of the refusal, he had to purchase oats for his own use at 9s per bushel For the defence, it was urged that,' by the terms of the agreement, the oats were to be taken awny and the money paid within two or three days of the puj chase, but as plaintiff had not made an offer to take delivery within ten days,- the defendant bad re-sold the oats,' and was justified in so doing. It was also urged that no deposit having been paid on..the purchase, and no money tendered when the demand .for the oats was made, there was no sale. Mr Wilson having replied, his Honor summed up and gave judgment for £l6, and costs £9 16s.