DISTRICT COURT.

Southland Times, Issue 1779, 12 August 1873, Page 3

DISTRICT COURT.

(Before His Honor Judge Ward.) Monday, AtjOust 11.

Hare, Pratt and Co. v. Shaw. — Plaintiffs claimed £100 damages for non fulfilment of contract by defendant to deliver 1000 bushels of oats. Mr Macdonald for plaintiffs, and Mr Wade for defendant, who did not appear, but had pleaded (hat the contract was not as alleged, but for such quantity as he (defendant) might have to dispose of. "The facts of the case were, that on 29th March last defendant made a verbal contract with the plaintiff, Hare, on behalf of hia firm, to deliver" the oafs td"fne~drder~6f plaintiffs ut the Invercargill railway station, at 2s O&d per bushel, plaintiffs finding bugs ; that on 4th April last the bags were supplied, and the defendant on 21st June delivered 50 bags,- containing 206 bushels of oats, and that applications had been made for the balance, but that defendant bad not delivered the remainder.

John Hare proved the contract as stated above. Thomas Pratt was at the railway station on

the 29th March last, nud saw his partner (Mr Hare) there with defendant, who was in a railway carriage about to start. Witness's partner told him, in presence of defendant, of the contract, to which defendant assented. Witness and his partnor then returned to their place of business, where the purchase was entered in th.-ir purchase book. That after defendant had delivered 50 bag?, several letters were written on behalf of the firm requiring the balance. (Letters put in and r<ad ) John MKenzie proved that on or about the 29ih March last, defendant told him that ho had sold ICOO bushels of oats to plaintiffs at 2s o£d per bushel. Henry Eiias Osborne was called to prove the market value of the oats, which he estimated at from 4s to 4s 6 1 per bushel. Mr Wade said he bad not seen defendant since the day on which he gave instructions for putting in his plea. His Honor gave judgment for plaintiff* for the difference between the contract price and the value of the oats at 4s, being on 794 bushels a: Is 11 Jd per bushel, making £77 14s lid, and costs, £9 2s.

Barry and others appellants, CallagTian and others respondents. — Mr Wade tor appollaius, Mr Macdonald for respondents. This was an appeal under the Mining Act, I 1 66, and the Mining Act Amendment Act, ISG7, No 2. Mr Macdonald raised a preliminary objection that respondents had not received the notice of seven days previous to the sitting of the Court required by' the Act, six days' notice only having been given. His Honor sustained the objection and the case was ordered to stand over until tho next sitting cf the Court on 10th October f»ext. IN BANKKUPTCY. In re Bernhard Berndston. — Mr Wade applied for the fixing of a day for the bankrupt ta make application for order of discharge. Hid Honor fixed Bth September next.