DISTRICT COURT.

Wairarapa Daily Times, Volume 4, Issue 1139, 31 July 1882, Page 2

DISTRICT COURT.

! MASTERTON—THIS D'AY.t 'H I i '"'!?/'■ > y —. His'Honor "Judfje Hardcaatle.) i 6r'fl'."'Ei6ref'Kaye"y John" Olaim - £167.18t7d. Mr Beard forplaintiflvJind Mr.Sandilands fot defendant; ~- ; Meard for |lie .pluintigjatated Ijiat ithe.action- -was -'for c'ertain goods sold to Mr Burrow.

G. H. Lwter-Kaye deposiM') iM\ n £ short time ago he resided on a sheep farm at Taueraa prtrtioij'of Mr Burrow. Hie Mr 'Burrow' it Wainaioru in March who that, he had bought a thousand aores frbm bis trustees. Ho also .Bsijd, Jhat v he .would, take certain things j whloh.W^e , '.ohi' the< thousand acres The things now sued for were on the thousand acres •/ excoptingA a') thousand posts and three quarters of a '°n of which": 'were on/tfia six hundi'ea'aorea whioh corSatituted Ihe resPof the property. At the same time Mr Bur. row'^ngagetTfiinf at £9'o gerlintita ' to' manage the place. He oommericed at manager on the 26th day of Maroh. '' tin {fee fast, day in Maroh, Mr Burrow came up to the Taueru and witness produoed to him 6 list of the things on the property, He replied that he would not pay for all the things, Witness said he did not expect him to pay for all and struck out the items which he objected to. Witness told bira that he had better take delivery and took him to the wiiolehed where many of the things were stacked. He objected to the timber whioh he said Dr Spratt had given in with the land. He said that if he cpuld not get it out of old Spratt he would have to pay for it himself,, Jfo. April or May witness met B Mte ,<J oiHhs' 1 Taratahi and he told him to take the books down to his house to tattle up. At defendant's house he offered witness £6O for the things, and witnoßS accepted the offer but could not get the money While witness was manager for Mr Burrow the articles were used on his account. All that Mr Burrow sent up while witness was there at manager was a paok horse P and a paok saddle. The provisions used were those supplied to bj, witness. "* '!

To Mr.San^iJands: ,g<) Mr, Burrow to' purchase the goods before a list was produced or prices uamedro Mr Burrow said at Mr (irno/s wbuld see that nothing was from (hi plaoe. Witness thought Mr T6srXihi&r was present when this was said. On the road baok to Oarterlon he said that he - would take everything on the place. The item of sheep in the olaim was abandoned j because witness found he had not the right to sell them. He was not • at .iha't time suffering from illneßß or the influence of liquor. Oould not say whether the .engagement as manager was made going Ito Wainuioru or ooming from it. Witneas I vproduoed the book to Mr fiurrow as a list i "of the thingswhich he had lold. The list was in JfrOlarkV handwriting who ™uedthe things for witness, He didt |i6t object to the'list. He would take the were a?. 6 things'with the' Witnesj, Mn-r sirred he gave Hdat ,qccaaioni3rHeatold=:him~he-lft3-b'et{er itake delivery, and Mr Barrow did not ob> jetjfc, VVitnesß was manager forMrJßijr'f roftielMeMfitelJnd-six wesSsr Hrsaß , e n^e^;tMte|r,^ejb®p I \fM6fiißMi ! 'and oompletei He recollected»fash" named' tJameron comtag on the station on the l6th of__May, Hd didittt tell Oame'ronTfiat the things JpoMiini '.feat the tKinga were hia till ] were paid for, He was.quite sore that ■ fnij'he things]* : theitf oviif.tte.hil" Mrlßurr<y»,f4id!notJ(

tell witness that he' had to consult Mt Poarson before dealing with him for the i .timber, He did not know at the time that Mr Burrow bad -bought for Mr Pearaon. Mr Burrow had used part of the timber for drying wool. He made no ( ■ valuation of it to his knowledge, Mr Burrow bought the rabbit dogß charged, and they had been subsequently regis- , ..teredJn...: Mr, Burrow's-name. One dog "lie had, taken, away, which belonged' toyjis son,; add whioh was noUharged in,,theJist.-v,.-Heoosaidered the valuation to be a low one. The tea ' flpVigeS; waa $e 'did.nbtikhow.»that# the; ferionc^jjip waß rusty and useless, saw the thousand fenoing (flHohiß knowledge, The -hundredwere entered in sheep were tnere at the time out iwitneaLwas not in a position to sell them. H& wight he had power to sell them but found that ih§ 'Jjhe.thousand aorei belonged to Trustees, the six hundred aorei to him{Self, j to of (Australasia. IThe'BWep-We idded to the list afterwards, ..: To ; in ; .thelist,when witness showed it to Mr Burrow. The wss not useless. Witness •#M there, at so,per annum J find found. oonVitta'tioifiV'Mfefiis face's, was partly in and partly out of the house. Ilameron did not move the things off the plaoe.'? ] John ? Wil_der, on theTaneru property, lived in'the whare.with Mr Lister-Kaye. He oonfiimed the list of jirtioles olajmed in the Kill of. jiartioulan, the fact that Many of them had been •tised subsequently for Mr Burrow's benefit... ; The evidence forthedefeneeßhowed that ' norrequired'by Mr'Biinow.tut' im some of the station hands bad used : .sereral. of them, defendant.had, offored to paiy their value for plaintiff. Tlui offer he rafaßßd, aQd brought the present action. ,'iTh'e Court ruled that there was an implied but not an express agreement for -purchase but in the absence of evidenoa . from the valuer it could not without the r c6hßent'df : (J6ihYel'a'Bß'eßß'th'6'9aiue. Mr Sundilanda declining to accede ,to His Honor tiriUfrjtffidr'ffiV'Oourt atbis'r'equestgranteda nonsuit but de» , ohp.ed .an, prder fyr.^tß. •0 Lowes y -MoLareni—Claim £2OO. In giving judgment in this case tho court rjjle.d forMthe defendanUon the ground' that tKe plaintiffs, though they' were the brokers who.flret introduced the property, Swore ndt- the brokers who really effected ■the sale,'dostS/-# r 4JA% | jj> / The application of.W, E, Cross a :discharge'waff adjourned till next afesion on aooount of an informality in (he proceedings, |