RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1328, 16 April 1885, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka—Wednesday, April 15, 1885

[Before S. D. Barker, and J. Talbot, Esqs., J.P.’s.j CIVIL OASES. F. Demuth v. J. Moynihan—Claim £2 ss.—Judgmentby default for amount claimed and costs. F. Franks v. W. Harlock—rOlaira 19s.—Judgment by default. McKinnon v. C. Haar—Claim £3 18s. Mr Raymond appeared for defendant. The account was due for three rams sold by plaintiff to defendant in May 1884. On 26th May 1884 the defendant asked plaintiff where he could get some rams, and plaintiff told him he would sell him some. Defendant took away the rams. To Mr Raymond: About a month after Haar offered to pay me £2. He has now paid £1 10s into the Court. To the Court : He did not take the 10s rams. He took the 26s rams. John McKinnon said Haar came to him, and said he had seen the old man, and that he was to take the rams away. Ha took away the best rams. To Mr Raymond : The rams he took away were belter than the others, I did not tell him afterwards that we used the other rams there for dogs meat. C. Haar : Remember seeing plaintiff and speaking about rams. He offered me rams. He did not say anysomething about price but 1 told him I would not go over 10s. There was nothing said about 265. He said 1 could go and fetch them, and I went and got them from his son. I offered him 10s eaeh for them and 10s more to live in peace. His son said he killed some of them for the dogs. To the plaintiff: You did not tell me there were two sorts, some for 10s, and some for 265. No sum over 10s was mentioned.

To the Court: He did not agree to sell me rams at a certain price, He made no bargain. Fred. Haar, son of last, witness, was present at the interview. When his father asked what he wanted for the rams plaintiff did not name any price. His father offered 10s for them. They were old rams, and not worth more than 10s.

To the plaintiff: I think they were broken mouth. I did not hear you mention that some of them were 10s and others 265. Alfred Taithara staled that the ram? were not worth 7s 6d. He had been about sheep for five years.

To defendant: Saw the rams in last December.

Mr Raymond then addressed the Court, and judgment was given tor the amount paid into Court, the expenses of one witness to be borne by the plaintiff. The Court then adjourned.