HORSE HAIR OR FLOCK.

Taranaki Daily News, Volume LVI, Issue 197, 18 February 1914, Page 6

HORSE HAIR OR FLOCK.

COXCKIiNIXC A CO IXII. Considerable time, si ml not a little legal argument, was expended in U'e Magistrate's Court. New J'lyinoutli, vi.s.terilay, before Mr. A. Crooke, S.M., m the hearing of a ease in which the s'-:u involved amounted to £l. The trustees in the assigned estate of U. X. Johnson, of New Plymouth, cao-inet-maker (Mr. F. K. Wilson) sued ill's. Annie .Maud Street, of .Smart road /Mr. J. 0. Nicholson) for .€1 alleged to ho due for horse-hair stutling put into ii. eheslerfield couch made by Johnson for the defendant. Johnson, in his evidence, which was supported by that of Henry Maddock, who was formerly ill bis employ, stated that Mrs. S'treet asked- him to make a ehesterlield, which he agreed to do for Cl.'l 10s. When ,ielivered, the couch was not satisfactory, and on inspection he found that it had been very badly made, and Johnson offered to remedy the defect, lie brought it back to the shop, and Maddock, who bad then entered his employ in place of the man who had made the couch, advised that it be re-upholstered. .Mrs. Street was present, and it was alleged that Maddock told her the work should lie carried out in horsehair, instead of, dock, which was originally used, at ail additional cost of CI, as agreed upon by the parties. This was done, and that amount was now in dispute. Mr. Wilson argued that it was a clear case of a special contract. For the defendant it was denied that any such agreement bad been made. Mrs. Street stated that she had in the first place ordered a couch stuffed with horsehair, and would certainly not have paid anything extra to have if, done. The couch was, she said, 100 low in the back and the "dropped ends," wh'ii dropped, would not rise. Evidence was given by James Willian Hayden, a cabinetmaker of ii years' experience, to the elTect that for £l3 10s one would expect to get a couch stuffed with horsehair. One stuffed with (locks was only worth about £lO. Mr. Nicholson submitted that the bargain in the first place was for a lirsiclass couch stulled with horsehair. This was not delivered, and it was unreasonable to suppose that the defendant would agree to pay extra for what she had already paid for. Plaintiffs were non-suited, with costs