DISTRICT COURT.

Nelson Evening Mail, Volume XV, Issue 38, 13 February 1880, Page 2

DISTRICT COURT.

[Before Hia Honor Judge Broad.] Civil Sittings. Acton Adams v. Edward Boyes. (Continued.) Acton Adams: The bill of sale produced was given to me by Edmund Thomas. None of the money secured by it has been paid. I never authorised the sale of the sheep. Cross-examined: I never entered into any agreement with Donald for the sale of Marahau. I never gave him possession. I deny that he is there under authority from me. I believe Thomas gave him possession. I had an offer from Donald by letter, which was forwarded to me at Wellington. I returned it to Nelson, and never saw it again till yesterday, when I put it into a bundle of papers to be sent to Mr Atkinson, but it was lost in being carried across." The purport of ■ the letter was that in pursuance of what passed between Thomas, himself, and me, he. went to, Marahau, and found the hop garden in bad order, but there was a good deal of feed, and that he would not take it unless he could get a new lease at a lower rate. If he could get that. he would give £700 for the place, for three years to pay nothing except 8 per cent, and after that £100 a year for seven years. I never accepted the otßer. I entered into the negotiations with him, but never gave him any authority to enter. There was no memorandum whatever between us about it. His Honor: Between them all poor Donald appears ito be in a queer position, and nothing ( more than a trespasser. Cross-examination continued: Thomas said the price was to be £800. I don't recollect giving Donald any letter to Thomas. He seems to have slipped in whilst I was in. Wellington. No charges for costs have been made against Mr Thomas in reference to the sale, the transaction never having been completed. The interest on the money was i made up at the end of Imp year, and charged.

w > a-\ ■ „,--.. .. A . /\ /-\. ,'*' against Thomas in the usual-. way. -/I\have-j ;, never taken possession of the property, and \ , tjwas looking to a sale to reimburse; me myv ! money. I wrote to Boyes for the .price of < tbe sheep, because. I beard^ Thomas had spld them to him. I should not have objectedto" Tbbmas killing a sheep for bis own use. v \Re-examined by Mr Atkinson: I had only one. business interview with Thomas after my return from Wellington, and that Was in January last. 1 said to him, why did you sell the sheep, whenyouknew you had no right to sell them. Thomas replied that I should/ get my money f roth Donald, Donald has not paid me anythiDg under the offer made by him for the property. ""Edmund Walter Thoma'sife-calledrDonald told me in town that he had bought from Mr Adams the property for £700. I used to kill the sheep for my own use, ahd I told Mr Adams-tbat-I should do-so.— — —~ This closed the evidence, and counsel having addressed the Court on certain points of law, His Honor reserved judgment until Monday next. ■"; . '