RESIDENT MAGISTRATE’S COURT, CLYDE.

Dunstan Times, Issue 670, 19 February 1875, Page 2

RESIDENT MAGISTRATE’S COURT, CLYDE.

—o— Thursday, Fkdruary 18. (Before W. L. Simpson, Esq., R.M.) C. T. Marie v. Eames.—Claim L 4 10s for throe tons of coals, of fourteen bags each, supplied and delivered. Mr Johnston for plaintiff; Mr Wilson for defendant. The evidence of plaintiff was, during the month of May last he had supplied the defendant with forty-two hags, or three tons of coal; that on giving delivery of the last fourteen bags defendant and his man weighed them ; that he did not take notice of the weight, as he was not selling the coals by the ton weight, but by the ton of fourteen bags, which was the custom of tho district; that defendant refused to pay for the coals, averring they were light weight. Other witnesses wore examined v ho deposed to the custom of the district to sell coals by the ton of fourteen bags, and not by weight. Mr Wilson said his defence would rest entirely on tho law,' and quoted the Weights and Measures Act, 1868, which laid it down that coals must be sold only by weight, and that any bargain or dealing for coals sold by any other mode was null and void. The plaintiff consented to a non-snit. Same v. Cox.—Similarly dealt with. Same v. Ki Noon - Same decision.