Wednesday, September 15.
(Before His Honor Judge Ward.)
FERGUS V. PETER.
This was a claim for L 195 19s. 2d. The case had been adjourned from last court day, and was again further adjourned to enable defendant to amend the plea. JIEGSOU V. STALKER. This was a claim for Ll3O for alleged loss through defendant not thrashing some grain at the time he had agreed upon, whereby plaintiff, had lost the market. Mr. Hammersley for plaintiff, Mr. Branson for defendant. The evidence of Mr. Megson had been partly taken at a previous sitting, and was now continued. He said he had been offered 3s. 9d. for some barley if he could have it delivered before the end of March last. Owing to defendant having taken his threshing machine elsewhere witness’s grain could not be threshed in time for delivery in March, and in consequence he had lost fid. or 9d. a bushel all round. Witness had had to pay Ll 6 odd to Messrs Orr and Co for shipping charges on the grain to Auckland, Mr. Pavitt had offered witness 3s. 9d. for the barley. By Mr. Branson—The ruling price of barley in March was 3s. 9d. per bushel. Orr and Co had a lien over the barley. The ruling price fell considerably in April and May. Joseph Dale, farmer, Wakanui, said defendant promised to come and thresh Megson’s grain after he had done with Hardwick’s and Buckley’s. Did not know whether Stalker had threshed Megson’s grain.
F. Pavitt said he had been shown a sample of barley belonging to Megson. Had offered 3s. 9d. a bushel for it provided it could be delivered in a few days. Megson came to witness about the end of March.
By Mr. Branson—Could not give the exact date on which Megson called to offer his barley, but it was four or five weeks before he came a second time. Barley had then fallen considerably in value.
J. Margetts—Was present when Megson and Stalker conversed as to some threshing. Stalker said he would have to go to Hardwick’s to thresh his grain first. Plaintiff said he would sue him for damages if the grain on Megson’s farm w r ere not threshed first. Stalker replied he supposed ho would have to thresh Megson’s as agreed on. John Orr gave evidence as to the fall of prices. He had offered Megson 3s. 7d. for wheat, but it was refused. Some time afterwards, when the market bad fallen, Megson accepted 3s. Mr. Branson, for the defence, called G. M. Robinson, who said—The average price of barley during March would be from 2s. 9d. to 3s. for very good samples. Stopped buying on the 23rd March, when the market had gone down to 2s. lOcl.' Purchased for Cunningham and Co., who made very large purchases. About the end of March the price of wheat was 3s. Bd. In the early part of April the price would be 3s. CM ; 3s. 7d. would be a good price. Mr. Branson contended that any loss suffered had been caused by plaintiff himself, who had refused 3s. 7d., and had ultimately had to sell to the same party for 3s.
Mr. Hamraersly having spoken at some length,
His Honor said it was clear that a breach of contract had been committed, Stalker had promised to go to Megson immediately after threshing Buckley’s grain, but instead had gone to Hardwick’s. As to the loss from fall in prices, plaintiff had suffered evidently a loss of LOO Bs. 5d., and judgment would bo given for that amount.
The following bankrupts obtained orders of discharge : —Sando and Bowling, John Logan—Mr. Branson, solicitor ; Francis Brown, and John George Anstee —Dr. Foster, solicitor; James Gardiner, Thomas Greenaway, Basely Bros., H. J. Edwards —Mr. Crisp, solicitor. lie Shearer and Galloway.—Application for order of discharge. Shearer appeared for self, but there was no appearance for Galloway. Order for Shearer’s discharge only granted. Be C. J. Truckle.—Order for payment of costs. Granted. Mr. Crisp for applicant.
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DISTRICT COURT., Ashburton Guardian, Volume 2, Issue 167, 15 October 1880
DISTRICT COURT. Ashburton Guardian, Volume 2, Issue 167, 15 October 1880
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