RESIDENT MAGISTRATE'S COURT
Janttaky 15th." (Before H. W.Bobiuson, Esq., 8.M.) . Howard 1 v., Ban'nerman.—la' this "cast judgment had been reserved'from the Bbl irist." The Magistrate was based upon a very loose contract foi the sale of a mare. It appeared that the defendant had. made, an offer pf sale U the plaintiff's father, on behalf oft th< plaintiff, at a price of'£2o. No timewas tixed-for the completion of- the-contract and neither delivery of the same, nor pari payment of the price, was made fetitH* time of the offer. The plaintiff tiimsell camethree weeks after -this, got possession of the mare from one Mrs. Shaw, saying if the maresuited him he might buy her. Three days after this the plaintiff returns to.the station, and leaves/a sum of £2O with Mrs. Shaw, as he states,.the agreed price for—the mare. The defen? dant refuses to accept the price, and subjSequently takes.the mare out of,the plainhearing on the Bfch inst. was raisedtby Mr. liowlatt, for tbe defence, that neither of the provisions of the Statute of Frauds,,right, payment, or delivery, had been fulfilled sulficiently' to remove this case from under the Statute—there being no written notice "of" the sale. Thrf Magistrate was of opinion that, the case ran to 'a very fine point,£li§L,n)ttst support the/objocliofi, -*and find for the ..defendant..,, Judgmejit„ was accordingly given for the defendants, with 255. costs, 3.)5. expenses, and 4'is. professional fee. '
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Mount Ida Chronicle, Volume IV, Issue 254, 16 January 1874, Page 2
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232RESIDENT MAGISTRATE'S COURT Mount Ida Chronicle, Volume IV, Issue 254, 16 January 1874, Page 2
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