MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2615, 10 November 1915, Page 9

MAGISTRATE'S COURT

'A R.IOB-JIEAL DEAL. A claim for £30 was made by .Walter Harry Long Wellington, trading as AV. H. Long and Company, grain merchants, in the Magistrate's Court vesterday, before Mr. W. G. Riddell, S.M. The doiendant ivas It. E. Sinclair, Nathan's buildings, agent and broker. The plaintiff set out that defendant, purporting to act as agent for C. E. Waters and Co., Sydney, sold ton tons of rice-meal, at £3 ss. per ton net prompt f.o.b. Sydney. Ho alleged that defendant was in fact not authorised to contract for Waters and Co., who had repudiated the contract. Plaintiff assessed the damages at £30, being the difference between the contract price and the price at which rice-meal was obtainable at the date of the repudiation of tlio contract by C. E. Waters and Co. lii an alternative claim for the same amount plaintiff said that the defendant entered into the contract as principal, and aa principal agreed to extend the time for delivery of the meal. Plaintiff was ready and willing to accept the said goods, but the defendant had neglected or rclused to deliver them.

In his evidence defendant said that he was the agent for Wators and Co. He received a letter from his principals to the effect that they could not supply the rice-meal, and he rung plaintiff up and asked him to cancel the contract. For the defence it was contended that if plaintiff was entitled to anything it was 6s. per ton only, the difference in tile market price between certain dates; £2 10s. had been paid into Court. Decision was reserved.

J., S. Barton appeared for the plaintiff, and Mr. T. Young for the defendant.

CIVIL CASES. Judgment was given for plaintiffs "by default in the following civil cases:— AY. Wylia y. Mre. Mary Wilton, £1 6s. Id., costs 7s. (against separate estate); John Aston (trading as the Inland Supply Co.), v. M. Sullivan, Bs., costs 75.; W. H. Nash v. John Noyer, £19 4s. Id., costs £1 10s. 6d. Judgment was entered for plaintiff in the case Mrs. Gubella Marion M. Baker v. Harold Lockwood, a claim for £G 3s. Gd.' for rent, and possession of a tenement. Costs, 135., were also allowed, warrant to issue on November 16.

A rehearing was granted in the case of John Henry Hooper v. John Jardine Robert Ewing, a, claim for £200, in which judgment had been previously entered for plaintiff. The hearing" was set down for December 2.

POLICE CASKS. Mr. D. G ; A. Cooper, S.M., presided at the Magistrate's Court yesterday. William Bu'tterworth, on a charge of failing to comply with a maintenance order in favour of his wife, made at Axickland, was remanded to appear there on Friday.

Edward Thomas Hughes, alias Saul, alias Thomas, alias Wilson, was charged with the theft of an overcoat and with forging and uttering a clioque for £7 55., drawn on the Bank of New Zealand. Ho was remanded until November 17.'

For drunkenness, AViliiam Leece Sheard was fined 10s., in default 48 hours' imprisonment, and a first- offender forfeited his bail.