Palmerston S. M. Court.

Manawatu Herald, 6 August 1903, Page 2

Palmerston S. M. Court.

A FOXTON CASE. C. T. Easton (Mr Loughnan) v. W. Strang (Mr Cooper), claim iISO, value of a pair of ponies agreed to be purchased by defendant, subject tOA* week’s trial. In giving the S M. said the ponies had been delivered to defendant’s groom on May 22nd. The trial did not taka place till Tuesday, the 26th, and Thursday, the 28th, of the same month. On the latter day defendant stated he decided not to take the ponies, but gave no notice to that effect till June Ist, when the ponies were sent back to plaintiff, who refused to receive them, and telegraphed defendant to that effect. For the defence it was contended that the expression “ a week’s trial ” in horse dealing meant sufficient time for a fair trial allowing for wet weather and other circumstances, and did not strictly limit the trial to seven days. The S.M. held that defendant should have given notice of rejection at the expiration of the time allowed for trial, and that not having done so. till June Ist, the property passed to the buyer, and the plaintiff was within his rights in refusing to receive the ponies; there was nothing to prevent notice being given, and the delay was unreasonable. As to the contention that a “ week ” meant a “ reasonable time ” for trial, etc., the expression muss' have some meaning, and it certainly could not be construed to mean ten days. Judgment was given for the plaintiff for the amount claimed, £SO, and * costs of Court -£1 12s, witness 15s, counsel’s fee £2 10s.—Standard.