CIVIL BUSINESS

Dominion, Volume 13, Issue 41, 12 November 1919, Page 2

CIVIL BUSINESS

CYCLE. PUMP CASE. . Mr. W. G. Biddell, S.M., delivered toserved judgment in the case in winch Flockton and Co., of Wellington, j>roceeded against E- D. Bennett, cycle importer, ofWangamii, elaiming v ,£105 18s. for tlie supply of cycle pumps. The partics entered into a contract for the supply of the pumps, and at the time the order was taken the plaintiff had already placed live or sk small retail orders at 30s. per dozen, and there was a. conflict of evidence between the parties as to whether that fact was communicated to the-defendant before entering into th* written contract.. ■ The contract was entered into on May 16, 1018, but owing to shipping conditions.the goods did not arrive until April, 1019, and,in the meantime the pumps had failen in price owing to the cessation of the war m November, 1018, and the pumps could be purchased, iii Wellington at 18s. per dozen. . ,'i , • • u. Tlie Magistrate said that m coining to a conclusion the Court had to take into consideration the whole of the circumstances existing at the time of the contract, as well as the evidence of the principal parties. When the contract was entered into the parties did not anticipate altered'conditions on the arrival of the bicycle pumps in the Dominion, and defendants' rights had to be determined from the viewpoint oi conditions as existing when the contract was made. Under the circumstances the Court thought the undertaking of plaintiff was collateral to the main contract and sub-ic-t to his right to fill tho orders already taken. The' Court considered that there had not been a breach of contract, but assuming there had been one that tho breach was one of a condition which amounted only tea KM not confer a right upon defendant to repudiate the contract, but. merely, to claim damages for any losses sustained throigh such breach. Judgment was given for plaintiff tor the amount.claimed, with *«.«■;,«»*»• At the hearing Mr. A. Gray, K.C., ap■i>bW«l,for. the plaintiff company, and Mr. T. Neave for tho defendant.

'" " TENEMENT CASES. ' Mrs' V E. Bengali was ordered to deliver 'up'possession of ft tenement to Francis Augustus Kebbell and Mary Katherinc Kebbell. by December 12. George William Kebble was nonsuited, in acclaim for possession of premises brou M against 1 Thomas M'Ewan, and was given judgment for A with m. oste, in a claim for JilO 10*. agains the same defendant. A nonsuit was entered 5n the case of Mary I, Perrin against Frederick Keen, amf 10s. Gd. costs were allowed, tho defendant. .

JUDGMENT BY DEFAULT. In the following undefended civil ca«J judgment was given for p uintiff by default by Mr. W. G. Eiddell. S-M.: I. Vt. Tamtam and T B- T - j; R. .Morley, 15s. ML. costs ft.i»A £■ r.r«* Ci> LUI v. W- Gee-Taylor, £1 as., S fe'Gtorge Hill v George Warrem jei 14«.. costs 65.; NX Farmers Cooperative Bacon and Meat Packing Co, £$ V. Blackball Co-operative AssociaUngton Bakers' Union v. R.Bjers, M » pit, 14s Gd„ costs £3 Os.; u. ao Ila "j Dowo Brothers v. Gordon Burt, Jill LA, costs .81,10s. Gd.

' BY-LAW CASES. Mr E Page, S.M., dealt with the bylaw caTes at D t!.e Magistrate's Court yest(£d- BavcoH Attwood, who drove a m Klr D on the footpath at Clyde Quay, Henry Hav S^Ur-t^S tental in a city sti-eet 'Thomas Monahan was fined ss. and costs is. C^ o ,abreaclrofthcsana f yb.V.I S David Andrews was fined £2 ami costs

fffifl si T l » w*il«h im< fined XI mid costs .£1 icate ri law, was hucd I*. ««l Alexander Wnddlo, taxi PJ* orictar was fined 30.«. and costs / ■ f« gig for hire rinjinUconad vehicle. \LT.ECKD SHEEr WOB-liYIN6^ in which Andrew TWiwteon. ri,in farmer. Happy VWUff, £ Ch,rl<« 0«. William Mcaclcm, »ad *£ worried hydcton-lante do*-? was concluded' yestwl.^. '"^' Ivuviii.- the evidence, Tip, Worship r, race R.ivc mlsmciit toi r. \\\ Jackson for Dalloy.