Milton Magistrate's Court.

Bruce Herald, Volume XXX, Issue 3100, 19 September 1899, Page 5

Milton Magistrate's Court.

! '* ■~MoKbAvrißth"September. - - I .^aifo^epfr iM sdat!ordJs..M;)D^ I 1 IFbaseb y. Jambs LiLßtmNE.— ThJls was aii 'a^plfcari*^ fdr' iiiaintep'afice of • anl. iUejKi^inV^^lai tWo ! yeaT^P^age^ j Mt D. jß^r.api)ew^ jHiiggit.t; i for^je' J '||fendan^ Ipaterju^y^'jfbjcit^asked tfiafi^^^^R fehouldMteibrdei-edjtoi contribi^jk pji.t^on o|> 6f i ßa*in'teda'iice of th^ cKiipp^iEte^ ißvide > noeVtikd--b*een'jiiVen J His Wo^Sjjp roao^ W orWer'eompeiiing defendant tow 5s per week :. firat payment to be maple on ment.jo^j^hej^wffcuiMS^^yiC? 1 " e .|S a '^mpnt^. ? Dejfettdsnfe^Bsi*lßp M 'pi;deredi ,to pay^Oßtsof W'i.FraHer, a<--witness;'^ >■- >^> ; i-v-*^i i^.srv : :■■ ' teYNfi*'v;. bvl Wi^iAk " '■RbßiifSo^.'ifThis %aL ;a i n"in l fo^iHUti6'n I"by1 "by : tKe fefockJC. eWccbr 'fcLi&ti 3 Q^fen^n? »fe Duthiefs^yards, . exppEej^ for , [salia g9 jhftejj J^pte'i^th iiqje. defendant. L vhb.pieAd«|d(.g«Ui'yV'Said he, had, not been iawar«K*hat-vthe ; sheepi werei in ; tihe ■ state aiektMie/iffaß' 1 they 'had : been* 1 dipped in I;he ttsuW- w^r-^Hls' 'Worship ; 'aaid 1! that "def^n-" yant'h'ad'renkerea L'KimselS liable to' a fine of £IQ. .nSf^k^^e , §Jipek inspector, if he prebed for a heavy penalty ?— Mr . Wayne ataiedaChJctjithe oases brought. th*b day by '^mi were DhtfGratin which:; hb'hadprosecutod; "Ke"' Wished '" that; ! 'bnly^ nominal penaliies'*Bh6ulcL' be enforceii.— Defendant i^aa |iae^/ r IQ.^ I wi^ I,cqs^1 ,cqs^ , Dr*P er » Thos.ißabMty »n4i P. Eortei;, on similar intormatLons,. were i. dealt with iQ.,the same AtLiaf.- i ßoss-V: WrLLiATM 1 HALfcv Glaini; j£s \sf fo/lor^e-^beirig,' &g. '- Ju'dgmeht by 't^e"'iß'gip^clajmea with costs of *» U j*MJJll »JJ t.:ii"-i ■!'-.: .-■■ ii :'■- = ! -'■: $bt^TAi.*j-^GJldimji : £Zl< 5s for. rent of a nbusef»aiJ l a\igm'e"nt''by^default j fbr the sum "SaiWd' with; cob W. 1"! * " ! •' " • — jliiffiif itrtiEoi) ' V: Williamson, (,fc;liiltcm)— Cla'imj £18 i^p balance of purchase fljoiiey o o^ t^he_ sales' sjfeep- Mr Donald ;Beid W . :P,iftintif%;.;Mr. ; W. 0. MacG^egocioEidefendantswha pleaded that the | plaintiffs had . fcommittiedi a breach of waranty in representing that 'the sheep wer^ isix-'tootheidi whereas they were full and •broken mouttie3i— After evidence had been given by 'plaintiff, _acd defendan 1 , H. ,85eeie,,R f , ; M!^iqnon, A. Campbell and D. Murray* ..Mr., :MaeG.regor summed up on ibshalti of-.' defendant. He said that the •representative of the' agency> through which tire sheep ! were pfrf chafed,' told Williamson t^t he ha^d' 1 fdr I ' sale a line of six-tooth m9rino £ .weMera.' That' was the description ,the defendant .jb^ad. pf fcl^e sheep before he jbpught it.hem.,. „Se submitted that though plaintiff before tlie*: sheep were purchased f rqm him 1 said ; he did not examine or yard the sheep, he must have known what he Was selli'dg as he had them for about two months in jjia possession. As was stated by him in a letter (produced) if Williamson a-id '{•Jteele were.f' had " he was " had " also as he, purchased , them for six-tooth sheep. No doubt bis friend, Mr Reid, would contend thatf "Williamson and Steele and •particuljirly' tti'e latter had opportunities of inspecting the sheep 5 t"at Steele did so, ati& that not having defected the defect at the time, Steele was .bound to take the sheep he had . purchased, at the sarae time from JM^Leod. 'But- Steele did not consider himself a sheep expert. Acting under advice, Williamson arid Steele did not ■throw the sheep back on the ha-idsofthe plaiutiff wheu th.4 sheep were t Clinton and had been examined by Mr Murray. But they said to plaintiff— " Oj account of your brench of the contract, the sheep are worth considerably less, and we will pay you Is per head less " The evidence of Mr Murray was to the effect thit in paying this Is per head less, they were giving a great deal more than the sheep were worth, Other evirlenoe went to show tha-t so far as. the case against VYilliamson w s concerned, Steele when taking possession of the sheep purchased by him and Williamson on 'heir separato accounts, was only acting as a drover. When, the breach of contract, was discovered, they immediately communicated with M'Leotl. He quote'l authorities, an! su'miitte 1 that the law and equity were in favor of the defendant, ' His worship eaid there was no necessity to call upon M. r .R, e !<i'.U ) , reply. In giving judgment, he said, that he had not the slightest doubt, that this was a case of caveat -emptor. He was of opinion that plaintiff had acted, in connection with the transaction, in a perfectly straightforward manner ; that the plaintiff never at any time gave a warranty that the sheep he was selling were 6- tooth sheep, plaintiff gave ( Williamson ami Steele a full opportunity <of examining the sheep ; in effect said to them, " Here's my wares ; come and bity," atVd from time to 'time I hey came as they ipieased.' frotlwuhstanding Mr Steele's 'bashfulness in, the witness box when asked as to his knowledge of sheep, His Worship thought- the examination of th,is witness, showed him to be a man of equal experience among sheep as was Williamson. Undoubtedly M Kinnon was agent for bis employers, M 'Lean aud Co., in introducing Williamson and Steele to M'Leod and' as such was entitled to commission on the sale ; but this did not do away with the facfr 'that' M'Kinnori had nothingfurther to c}q with the eale wl^ich wa,s effected by the parties tliemselvea. I| Williamson and Mt-L'eod had; been before tha sale m correspondence, M'LeoJ ,an^ ■JVpLeod^had s^ted tlje sheep we.ro six-tooth . 'thftfew.ou.ld have, b, ea a breach of warranty, ]T3uti the ; pirt^eg' had dealt wjth each other ' personally in cc-ntiecti'in with the sa.le, und.er i: which His War<sh.{p held there hacj beeii rq' ' 'Warranty, If it ha,d been; a casi w'nerg oajjr '^Heat or 4our had been sUd by sample and Vh'evbulk of the artiole was not in aaoe^- >.••"; : ' , ' .. , .-cince with samp -e then tha- 1 -" „-. . ■*■ :T n p". ' IW would give, reafc m 3 ea?e M'Leod.tak.fis these, 'experienced men in s^eep and gives them au • dpj^ortunity of examining the sheep. After 'ifhe sale was agreed upon, and the aheapJ tak>fl .-tq'^iHttn- fo,r delivery Sveele ex--1 amiined the sheep and pasted an opinion, sayrii g"« ( SQme of these abeep are tull mouthed.

* ■ w ■■■■'■■•-.." ■ ■ ■ ■ , ■ 1 '■ ' ■ Itiwould bejk veiiy [bad tiling it talker auoh circumstances men^were^ allowed.^o^jptju:chase tike! them:' .'away ' and af ter-wards-;if only .^^houra^sjibseq^efl^if^ r^^iate . 11^&eft& p& asked^ a#, H si4 plac^, i ,bjr,,^jllianM9n.,i ap4< Steaje , as tQ , $he; sheep/, ,h&*sppke, njuboldlyd 4ii-Bai^thatih©>ha^h6t;^ifded*tiie'*hee^.'" Fcdrxi beginning >tb -' eHd '#«<• 4J^ihtfe^:i*« i ffla^teraa^.^^.'si?!'iis^ a : |ii¥ch^er^e^e.'^ J^anV^^b^ fp^^he^m^^aimed,-^, l§8 f!< w^v}o|^ q£ Gourti,,! fa Aiitwqi,-,vili9fiißß^t 16b ea,qh,^i solicitor's f ee,^£l -jaF. rH-lEhei.judgmentowkCo 1 applied to' l the'caße^M'L«6d Vi'Htficy'^Stfeele (diato'nJ^'a^sihiil^filaiM 1 ToV'ieiS^y^^ l Worsliip said; the jonly matanoea.ioi \jjhioh he! ' refußed- leave •<to'>appeal<! were 1 ' yraav shown" thati ll the'lappli«a'ti6b'g "werei^kie^ 'iie^i^'^a^'Hitfa^Baa'-Tihoße^-wßo'nffiff 11 .had |[iTen or f not, :jnea^s.tqrfight-|t^u^ 11 .--3PjAfflti^^ppfpre4,tQ. hk Brif bloated,">pheepfarmerjjii3nd«hetOQuld, stand- it.— (Laujghten) •> At' &iij'>ii!&ije',« Hie>' V^drthip 1 w'SB not so .'^lire^-bf • KH?. ©"wiTjudjgi' ■nknik '■ »|!TEB ! Ve rf un'^nime for "Mr"'^^^' Wilhaniß lr to reyißW (t theni.— -Leave £ , ( was^ giyen, ; to,ga,pj\eal; ( in e^c^ case 4o 9n h ea^i (JpffiPr dantsdepositing with, the,, clerks of ther GoUttiii'i iin ■■■■* i\t »-(■■.■• -I* =-»M;:<,-,;j "-.•«>! ■•'<•