MAGISTRATE'S COURT

Taranaki Daily News, 13 April 1920, Page 6

MAGISTRATE'S COURT

CIVII BUSINESS. * Judgment was given for plaintiffs by default, in the New Plymouth Magistrate's Court yesterday, by Air. T.' A. B. Bailey, S.M., in the following undefended cases:--John Huberts (Mr. A. A. Bennett) v. C. W. Williams, J32 'ills (costs Js); Emma Jones (Air. Bonald H- Quilliam) v. Maraia Huia, ,fS (costs £1 Os fid): George Gibson (Mr. Bennett) v. Ktirakitoro Stewart, £;t 10s (costs 10tf); Arthur Morey v. Same, £8 ,~>s (costs £1 3s (id|; Arthur 11, Bosworth v. George • Blane, £-2 9s (costs ss); Same v. Bernard Bryen, £9 5s (costs 8s). Orders were made in judgment summons cases as follow:—P. A. Carter to pay £5 at the suit of Daniel Barry on or before April 13th, in default 5 days' imprisonment; Tawhanga Butler to pay £25 13s at the suit of Alfred Handley, on or before April ]3th, in default 2(i days' imprisonment; George Bennett to pay £3 18s Od. at the suit of the administration of the estate of the late E. Dockrill, on or before April 13th, the order to be suspended so long as the debtor pays £1 per month off the debtFrederick Chas. Clarke to pay £l2 Hs fid, at the suit of the Administrator of the estate of the late Matthew Andrews on or before 13th April, in default 13 days' imprisonment.

A FARMING DEAL RETURNED SOLDIERS concerned. | An action* was brought by Edward Leslie Hughes and Wm. Cochran (Mr. Ronald H. Quilliam) against Steen Sorenscn and Wilffed Sorensen (Mr. C. II Croker), for £nG damages for breach of warranty in respect to the sale and purchase of some cows between defendants and plaintiffs. Mr. Quilliam, in opening the case, stated the plaintiffs were returned soldiers who had taken advantage of the Government's assistance to take up farming work. The defendants were farmers at Oakura, and in about February 1910, negotiations were entered into for the purchase of defendants' interest m their farm. Evidently a. Government grant was authorised on behalf of _ the plaintiffs and the farm was acquired by them. Negotiations had also been going on for the purchase of stock and other chattels, and the plaintiffs bought 40 cows and other stock, ihioughout the negotiations plaintiffs stipulated that the cows were required for dairying purposes and for that reason they required that the cows should be m calf. Defendants assured plaintins that the cows were in calf and would all calve before the end of December. An offer in writing, to sell 45 m-calf cows was niarte by defendants, frior to the Government grant hein" authorised, the Land Department's ranger imputed the property and the stock and was assured by Mr. Sorrenson f j thc , cmVs in calf, and if that had not been so the Government -rant would probably not have been made. It was discovered in November that at least, eight of the cows purchased were not in calf, and the claim was for the difference m the value nf the product of these animals as dry cows and what it would have been if they had been in or t,lc difference in selling price of j such cows at that time. Mr. Quilliam pointed out. that there had been an advance in the price of dairy cows between May (when plaintiffs" took over) and November, and plaintiffs were not. m a position to sell these cows in No vember and replace with milking cows at the price ruling i n November. Thcv also claimed general damages for the in convenience and loss sustained i Evidence on behalf of the claim was given by plaintiffs, ami Edward Wm. .arner, the latter, as secretary of the Patua Dairy Co., testifying to the milk returns of plaintiffs to hi g company', factor}-; and Edward A. Meredith, formerly Crown Lands ranger in Taranaki who deposed to inspecting Sorrenson's vew o? ♦° f the Gov «nment in tiff* 8r Upplicd for b - v P llli »- Mr. Croker, for the defence, said the fact, were not altogether accwdhg to The £f!Ti ent ! mnde for tlle PiaintiflV. Ihe defendants never gave anv warranty as to the cows being in calf anil no representations were made that'thev he dl°f' + A " that "' as (10,, c il.at the defendants said they honestly he -eved all the cows wcr/ i„ "a f 'or f f£ y 7 r ? ," 0t tl,ey 5110,11,1 hi »' e been a the herd aH rt Tnm,in * tle iierd all the season. He submitted that even if Mr. Sorcnson, sen., did g 5 not be held as a guarantee of the cows mm Sllii,;" o»U •nil Frnnm H 1*,1,,. U,™ S. «as adjourned till next Monday. ' *