MAGISTRATE'S COURT.

Dominion, Volume 10, Issue 2895, 6 October 1916, Page 9

MAGISTRATE'S COURT.

CIVIL BUSINESS JUDGMENT IN A FRUIT, CASE j " Mr. W. 6. JSddall, S.M., heard the. following civil cases at the Magistrate's Court yesterday:— ... Eeserved judgment was delivered in the case, Ivo Selwyn .loyco v. Simon Edilson, a. claim in connection with the delivery and purchase of a certain specified quantity of fruit. Plaintiff had stated that by an agreement dated December, 1915, ho agreed ,to sell, and defendant to purchase, 650_cases of apples at the prices,, and deliverable in the quantities, mentioned in the schedule of tho agreement. On March 28, 1916, plaintiff, had delivered to defendant, and the latter had accepted and paid for, 119 cases of Cox's Orange Pippin apples. On the 6amo date defendant, through'his solicitors,-rescind-ed the agreement and had" since refused to carry it out. It-was stated, that plaintiff had been ready and willing to perform his part of tho contract, and had suffered loss through the breach amounting. to £50, and general damages amounting to £50. Defendant counter-claimed 1 against plaintiff, and stated that by reason of repeated alleged breaches of warranty by plaintiff contained in' the contract as to tho description, quality and condition of the apples specified therein, and the failure of plaintiff to supply apples in accordance with such description, he had suffered damage to the oxtcnt of £50. After reviewing the facts of tho case and quoting various authorities, the Magistrate found that plaintiff was entitled to damages for loss suffered, and judgment was entered for £33 12s. 6d. special damages, and £20 general damages, together with costs £17 15s. Cd. K,ogardin<* the counter-claim, His Worship hold that tho amount claimed was ..clearly excessive, and'ho gave judgment I'or £7.105., with £i 14s. costs. Mr. P. IT. Putnam appeared for plaintiff and Air. Douglas Jackson for defendant. DEPENDED ACTION. In tho defended action,.. Frost and Frost v. Waltor Probort, a claim for £8 9s. Cd., judgment was. given for tho amount claimed, which was ordered to bo repaid at tho rate of £1 per month. JUDGMENT BY DEFAULT. Judgment by default was givon ill the following undefended'cases-:— ' Sutherland Bros. v. 11. (J. Morris, £7

13s. 6d., costs £1 ss. 6d.; Trite and Ellis v. H. M'Dougall, £5 85.,. costs £1 35.; Commercial Agency, Ltd., and J. Myers and Co. v. A. C Rose, £4 13s. 7d., costs 10s.; Dr. A. Norman Jones v. Mrs. T. Duna (sued in respect of her separate estate), £1 Is., costs 75.; ■ Commercial Agency and J. Myers and Co. v. Loo Hansby, £3 7s. 2d., coßta 10s.; "Wallace and Gibson v. D. Burr, £3, costs 116.; A, A. Carson v. Leon Burnos, £17 12s. lid., costs £1 10s. 6d.; Bristol Piano Co., Ltd., v. Arthur Cox, £2 75., costs 10s. JUDGMENT SUMMONS.' A judgment summons case as under was dealt with:—J. H. M. Uru was ordered to pay J. Finlay the sum of £8 9s. on or before October 19, in default seven days' imprisonment.