RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3232, 30 June 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, JpNE'(3O. - (Before L N. Watt, Esq., R.M.)

Wildie y. Y eats. --Plaintiff sued for Jss, fbr s extArfAlleged tolmve' been done under a contract. Defendant produced a receipt in full, signed by plaintiff, and the Court dismissedthe claw. withiibsts. . , ; Driver,' m4,Cq, w All^n.—plaim IA, the price of Wo pigs. The defence was that the pigs: were purchased frpm one Caleb, the defendant aUeged, owed, him money, and ; to; whom he was prepared to Account for' the money claimed.—Moore ; gave evidence, 5 and provedhaving sold the •pigs op account of plaintiffs. Judgment for* Jplaintiffa witfcjcostsi - 1 • > •'■ ,i Anderson and Mowat ▼, Smith.—.Mr Harris for plaintiffs, ,aad>Mr Stout for defen*• dant. Plaintiff claimeddamagesin respect of A ooatafot enterM into for the sale of 900 bushels “ more or less ” of barley at 6s per bushel. The contract was partly fulfilled, 569 ; bushels having been supplied, leaving bushels undelivered. Counsel for plaintiff contended in h|s opening address that the ■words “more or left-could not be held; to i cover: such a wide - departure from the quantity stated in the agreement, In questions of land, the 'rule of law was that - these words would not cover a departure of more than an acre from the original amount. Plaintiffs might, under the agreement pro* ducedj be compelled; te take 950 bushels, bat they, could net be asked to take, say 1,500. On the Same principle, defendant might deliver 50 bushels shorty but 300 was toe much to be coveted by the words “more oir :■ less. ”< He called James Anderton, who taro* duped the written agreement, and deposed as to the quantity of barley delivered. Witness also stated in Evidence or about the time the agreement was made, barley rose Is pd per bushel, and that he had sustained damage to that amount on the number of short delivered, Plaintiffs offered to ; 'submit their claim to arbitration, but thor parties failed in agreeing upon sn arbitrator. The case for the defence was that when the agreement was entered into, plain* tiffs were shown the barley stored in defendant’s barn. The quantity named in the. agreenWfot Vajj stated at the instigation ofplaintiffs, and the words “ more, or less’" were inserted in order that any discrepancy might be covered. ( Evidence was given in support of the defendant’s plea, after which plaintiffs elected to take a nonsuit, which was granted. : ' (Left sitting.)