RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3766, 19 March 1875, Page 2

RESIDENT MAGISTRATE’S COURT.

Friday, March 19. (Before J. Bathgate, Esq., M.R.) crvH. OASES. Cole v. Goodison. -This case, which was Inard yesterday, was a claim tor L4O, for breach of warranty in the sale of a mare, and for consequential damages. His Honor, in giving judgment, said he found that the mare was unsound at the time of the sale: but was of opinion that there was no ground for consequential damages. Judgment was given for plaintiff for L 23, with costs. Judgment was given for plaintiffs, with costs, in the following cases Cooper v. Ravenball, a claim for rent and damage done to a lock, 13s 6d; Asher v- Walters, goods supplied, L 3 17s Id ; M‘f arlane v. M‘Kay, for goods supplied, L2l 14s. : Caldwell r. Walker.—Claim Lls, balance of account due for work and labor done. Mr Joyce appeared for plaintiff, Mr Mowat for defendant.— W. A. Caldwell, contractor, of Green Island, said that in September he made a verbal agreement with defendant to erect a two-roomed cottage for the latter for L 95. There was no plan submitted, but witness showed defendant specifications for a similar house previously built by him. The weatherboards of defendant’s house were of the usual timber, white pine, dressed. Defendant told witness that he often inspected the house while it was being put up. On taking possession of the cottage defendant paid witness LBO on account. It was what is called a “winter house,” being built in the wet season, and the timber would consequently shrink. Defendant hurried witness on with the work, although told that the timber would shrink if put in during the wet weather. Cross-examined : Defendant complained of the lining and floor shrinking some little time after he was in the house.—Defendant stated that some of the wood used in the house was burned, having been purchased by plaintiff of Guthrie and Larnach alter the fire at that yard, and he told plaintiff not to put it in. Plaintiff was to put up a comfortable, well finished house for the L 95 : but there were several defects in it.—W. H. tteuuey, carpenter, said he had inspected the cottage and found it was put up in a very inferior manner. The scan thug was only Sin. by 2in. all through, and altogether witness thought it was worth only L72.—Henry Owen, carpenter, gave similar evidence.—Judgment was given for plaintiff for L 5, with costs.. Wife Desertion.—Sarah Dymtnook complained that her husband, Albert Dymmook, had deserted her after having been married to her for nine years, during which time he had frequently ill-treated and threatened her with violence. They had five children, four of whom the husband had taken away from witness, and he threatened her with violence if she did not give up the youngest -only a year old—together with its and her clothes. Witness wished to keep this infant herself, and obtain protection from her husband, as she could earn her own living. The usual order of protection was granted, and for applicant to have the custody of the youngest child.