MAGISTRATE'S COURT.

Taranaki Daily News, Volume LVII, Issue 384, 2 June 1915, Page 3

MAGISTRATE'S COURT.

UNDEFENDED CASES. ' At the Magistrate's Court, New Plyiniouth, yesterday, Mr. A. Crookc, S. M., ; presided. ,j Judgment by default was given in the ' following cases:—llallenstein Bros. (Mr. ! 1). Hutehen) v. Tonga O'Kaaro, £1 -Is Md, costs 3-s ; Raymond Smith (Mr. St C. Hughes) v. John Coleman, £7 3s, costs ,-ei l!)s; plaintiff was also granted possession of the allotment for which this sum was due as rent.

Under a judgment summons, J. W. Chadwick w-as ordered to pay Caroline Win Kee the sum of £3 9s and costs, amounting to 15s lOd, forthwith, in default four days' imprisonment, the order to.be suspended as long as defendant paid CI 10s per month. MILKING MACHINE CASE. The hearing of the claim of the International Harvester Co. v. J. Cowling for the alleged sale, of a milking milchine, adjourned from last Tuesday, was continued. Mr. IT. R. Billing appeared for plaintiff and defendant, was represented by Mr. A. TI. Johnstone.' Charles Edward IToneyfield, farmer, of Tataraimaka, witness for the defence, stated that he was a sub-agent for the International Harvester Co., introducing buyers to their agents in ITawera. lie met Cowling at Stony River saleyards and recommended him to put in a Zealandia milking machine and plant, lick new that Cowling had ordered a Reid macTiTne, with fclfb. right to cancel it, Cowling went down and saw his machine and he (witness) wired to the Harvester Co.'s agent at Itawera advising them that there was a good opportunity of placing a machine with Cowling. Cowling wanted the machine as soon as he could get it. When Randrup visited him witness told him this, and advised him not to fix the date for the machine to be ready until he was sure of having it there. He met Cowling usually at Stony River sa!c. and on one occasion Cowling told him all his cows were coming in and tiiere was uo machine to hand. Witness advised liirii to wire the ITawera agents. Cowling would have been under some difficulty to carry on the milking. In reply to Mr. Ilillins. he said lie saw Cowling at Stony River sale*, which took place fortnightly. Mr. A. 11. Johnstone said defendant bad acted throughout in a very foolish and unbnsiness-like manner. He ordered more than one machine, and his actions throughout had beeu.equivocal. Tie submitted that time was the essence of the contract.

The Magistrate:- How about defendant's letter of September TiO, advising the company that he wished a turbine put in, as he had ample water power there? That did not infer that he was in a hurry.

Afr. Johnstone said that the machine and niotiv.j power were two different things. Such a change of motive po-rer might save him considerable subsequent expense. Tf his Worship held that the delivery wns in time lie submitted tlijit according to a, proviso in the contract the goods did not change hands, and ■the company could not claim for goods which they still held. There We'e certain expenses which had heen incurred which defendant would have to allow if his Worship did not hold that time was the essence of the contract, and that Hiey were thus not justified in rescinding the contract. Mr. Billing pointed out that the contract said that the goods should he forwarded from Cli'istcV.irch on. September 15, and not delivered at Omata on that date. Defendant's evidence was contradictory, and counsel pointed out that on no occasion did Cowling give any indication that he was in a hurrv until he wired cancelling the order for the machine. He suggested that Cowling cancelled the order when he found he was in trouble with the ,?cid Co. through not having cancelled -then- order and not because thc.delwory of the Zealandia was in any wa.v delayed. Plaintiffs were at least entitled to'the cost of disposing of the machine. Thev were also entitled to the expenses already incurred. Judgment was reserved.