RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2733, 20 November 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Be.ore A. ('. Strode, Esq., R.M.) Civil Cases. Brown v. store.—L3 10s, amount of an I 0 U. The defendant admitted owing L 3, having paid 10s on account. Judgment by consent for L2 lUs, with costs, iOs being paid into Court. Spedding v. Peterson. —Lls 5a 2d, for balance of account. Mr Edward Cook for the defendant. The transaction, as described by the plaintiff, was that on the 10th November he advertised a sale of a quantity of cheese and bacon, which were bought by the defendant subject to certain conditions of sale, which were read before the sale took place. With regard to the cheese, prior to the sa ! e he said ho could not guarantee the weight. It might be more or less than three tons. The cheese was sold to the defendant at 2£d a lb, and the bacon at 4d. The amount of the account was over L4B, and the defendant wished the plaintiff to take his acceptance at three months. He refused this, as the defendant was not in the trade, and the amount was under L7O, as prescribed by the conditions of sale. Not taking the goods away, a letter was sent advising him that the goods would be re-sold at his risk, and after their being properly advertised to lae sold at the buyer’s risk, they were re-sold by auction, and realised only l|d for the cheese and 2d for the bacon. To this ■Binouut, L 32 19s lid, the commission was added, and the plaintiff sought to recover the balance. Evidence was given in support of the statements. For the defence, Mr Cook asked for a nonsuit, on the ground that the ca.-e came within the Statute of Frauds, and there was no written evidence of the contract. Mr Stout, who was retained in Court for the plaintiff, replied, and said the correspondence that had passed was evidence of contract as required, according to Roscoe, in Kenworthy v. Schofield, page 243. Those letters took the purchase out of the statute. His Worship thought the letters did not take it out of the Statute of Frauds, as the letters did not describe the quantity and quality of the goods sold, and this was necessary to the contract. The plaintiff was nonsuited. Dawson and another v. M‘Combe, L 4 16s. This was a claim for labour in clearing land for a fence on the Port Chalmers railway at 8s a day for wages. The defendant pleaded nob indebted. According to the statement of the plaintiff a contract was taken to fence a certain quantity of laud adjoining the railway. On the ground being shewn some bush required clearing, which plaintiff aud his father refused to clear unless they were paid for it. The defendant promised hj« would see it paid, but when applied to fer payment he refused. For the defence the defend-nt said he would not be responsible for the extra work of clearing. It formed part of the contract. F. Turner and another witness considered two days would be sufficient to clear the scrub. There were only four chains of light scrub, the timber having been taken out of it. His worship had no doubt as to the liability of the defendant, but the time was much over-estimated. He was of opinion they were entitled to LI 4s. Judgment accordingly with costs. Moir v. McHard. —L 3 6s, This was a summons taken out in Christehurch, and the defendant was desirous of giving his evidence here. The plaintiff was in Canterbury in July, 1866, and the plaintiff kept the Central Hotel, Christchurch, Defendant occasionally frequented his house as a customer. The only item objected to was in the claim of 20s, set down as cash lent. It appeared that the plaintiff having received some L 4 IGs, taken from the person of a man accused of robbing defendant of Lls in his house, on being applied to for the money, said, amongst the cash received was a one pound note of the Commercial Bank. On finding the note was useless, it was handed back on his behalf to Moir by a friend in bis presence, and Moir kept it. He had received no other sum 20s. The drinksjeharged were by agreement to have been set off against the money received. (Left sitting.)