STIPENDIARY MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume LIV, Issue 2857, 18 March 1904, Page 2

STIPENDIARY MAGISTRATE'S COURT.

AKAROA.

THURSDAY. MARCH 17, 1904,

McCullough v, Ware, claim £50. Mr Stringer for the plaintiff, Mr Harper for the defendant.

JUDGMENT. This is a case in which the plaintiff claims to recover from the defendant a sum of £0 as damages for breach of agreement. It appears that the defendant sold to the plaintiff for a sum of £20 the grass seed of about 100 acres of land. At the time of s<»le certain cattle and sheep belonging to the de' fendant were running on the land, and the plaintiff alleges that although the defendant undertook to remove the cattle and lambs by a certain date, or within a certain time, they were not so removed, but continued to run over the Baid land to the great injury (f the grass seed, thereby inflicting consider' able loss on the plaintiff. The agreement between the parties was a verbal one, and it is contended on behalf of the defendant that the (contract comes within the Statute of Frauds, and therefore ought to have been in writing, and in support of this a number of authorities have been quoted. The poinb is an important one, and certainly difficult of decision, but after thorough consideration, I am decidedly of opinion thab the case does nob come 'within the Statute of Frauds, and that, therefore, the contract is good and binding. As regards the faots, lam of opinion tiiat the plaintiff has substantially proved his case. Judgment will be for the plaintiff for £45 and costs.

H. W. BIBHOP, S.M.