FRYER V. BINNEY.

Thames Star, Volume VII, Issue 2579, 13 April 1877, Page 2

FRYER V. BINNEY.

Claim, £30, money due. , Mr Macdonald appeared for the plaintiff, and Mr Campbell for the defendant. William Wilkinson, sworn, deposed— lam a newspaper proprietor, carrying on business in Grahamstown. I produced the manuscript of a communication which appeared in the Advertiser on the 17th March. The handwriting is Mr Binney's. Edwin Binney, sworn, deposed—l' am the defendant, and am an auctioneer, carrying on business in Grahamstown. I do not produce any books because they can throw no light on the case. I received notice to do so., I acted on my own judgment in doing so. I have no books having any reference to the piano at all, as it was not a business transaction. I had no books at the time I received the notice. I did not put in a claim for commission on this transaction. The difference between £23 15s and £25 was not commission, but for discount. I bought the piano for £25 subject to purchasing discount for cash. I sold the piano for £30. I have not paid the purchase money, although the purchase was made in December. I had an account against James Fryer. I never knew Mr Benjamin Fryer in the transaction; I never promised to pay the purchase money to the Bank. Mr James Fryer sold me the piano. I paid £23 15s to Mr B. Fryer, but not on account of the piano. I do not think that Mr B. Fryer satf an item of £6 5s for commission for the piano. If he did it was put in to show the profit I made on it. That is the manuscript of the letter I sent to the Advertiser. I never told anyone that I sold the piano for £25 nor for £27 10s. I never told James Fryer. I never put everything in.my books ; for instance, I do not put in your (Mr Macdonald's) costs. I never told Mr Fryer that as soon as I got the purchase money I would pay him the purchase money. James Fryer asked me to lend hjm £23 15s, but that had nothing to do with the piano. I have put in no set off. Judgment for plaintiff, £25, with costs.