R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3506, 9 May 1890, Page 2

R.M. COURT.

MASTERTON—PHIDAY,

(Before Colonol Roborts, E.M,

Liob in. Sueep.

Inspector Drummond v W. M. Lang—Breach of Sheep Act by having ia bis ' possession sheep infeoled .with lice, Fiaod £1 and costs 2s,

Same v H, Christiansen. -Similar offence, Fined £1 andposts, 2s.

W. Faulkner and H, Wilton were charged with the same offence, and were fined in Bimilar amounts. A Grass Seed Difficult*. Audrew Neilson v, William Jossen, claim £42 10a for damages sustained by the sale Of grass seed, Mr Pownall for plaintiff, Mr Beard for defendant,

Mr Pownall briefly stated the oaso, Andrew Neilson, Bworu, deposed that lie was a settler-residing at Mauriceville. Some time last year he saw Mr William Jessen about some [grass seed. He went to buy some grass seed. This was some time in ' May* last year, Asked Mr Jessen, going along the road, if lie bad any cocksfoot for sale, and he replied that he bad. Told him thon that he wanted two bags of cocksfoot, and said he di(] not mind if lie charged him "Jd per lb more than anyoiw else sq long as he' got good, clean seed, Jessen Said he had not got the seed then, but it would soon be in. Told iiinj he might not be able to call for it himself, but he would send another man to whom Jessen agreed to give the seed. Saw him some four or fivo weens after and asked him if lie had got the seed. He said ho had it iu the store and lie would deliver it in a da!y or two, Did not see him afterwards. No arrangement lyas made regarding 'price,' lie expected he Would be charged 8d a pound, the isame asthe year previous. Said he did not care what price bo paid, so long as the seed \ya§ good "and clean. Bent Jpt)sen fqr jt. 1 Tho seed, after be got it, turned out to be soft meadow, and was good for nothing. Ho would have to plough the land to get rid qf the meadow, but he Could riot do this owing fo tl|e sttilJtps, It would take him a lumber of years to get rjd qf |t.' Ten acres l}ad been swn down in soft meadow. He had got the us? Qf thp land for five years, Paid £2los for tho seed, and got a receipt, Did not know it was soft meadow untilhisneighbours told him so, Considered bis claim for damages nas a reasonable one for tho use of the land. Had spoken! to Sir Jpssm ftbqnt tl)0 .matter since, aii(] ask'edhiiii to go down'and see it. Be «t down, eud wjnt over it.

j tyw cocksfoot, and be replied that be did not, and admitted that the land was spoilt. .lessen siid he did not get his seed for nothing, and he coald not, therefore, expect it for nothing. He went for some iron two or three weeks after, and he said he would not give it him until the grass seed matter was settled. This was after he had paid for the seed,' Asked, for £4O damages, as half the value of Ji tho land, as he considered it worth r' £BO, Afterwards saw defendant, : who stated' that there was nobocly present when lie had promised the clean need. . Defendant would not ; pay a penny, and said he could ' summons him if he liked. By Mr Beard: Could not remember exactly when he bought the seed, nor : when he paid for it. Oould not dis. tinguißh between cocksfoot and mea-; dow. Some of the seed was sown by himself, and he thought it would be alright, as Jessen wasarespeotablo I citizen. Tho contract was given'!# Jensen to procure and sow the see#-:■ i Had sown no seed prior to that ; • purchased irom Jessen. Did not • point out to Jessen a piece of land . t sown by him. (Left Sitting.)