THE COURTS.

Press, Volume LXIII, Issue 19112, 22 September 1927, Page 14

THE COURTS.

.. . —4 SUPREME COURT. (Before lis Honour Mr Justice Sim.) INCOMPLETE CONTRACT. Frederick Kibblewhite, motor salesman, arranged tct sell a house in Union street, \»w Brighton, together with the furniture, to James Garland, livestock dealer, for £550 The term in regard to the furniture was not mentioned in the contract, and Garland, contending that the contract was insufficient to satisfy the Statute of Frauds, repudiated it.' In consequence, an action v.-aa brought by Kibblewhite for specific 1-ci formalize of contract. He also claimed .150 damages, and failing specific performance, he claimed £250 damages. The plaintiff (Mr Donnelly) said it had been agreed that Kibblewhite _should give the furniture, and he had agreed to do 6u. That agreement was not in the contract, ant) Garland relied on the Statute of Frauds to defeat Kibblewhite's claim. Tne defence (Mr Murphy) said there was no contract in writing to satisfy the statute. Garland was not trying to get out of the contract, except that lie had not been able io get an inventory of the furnihire.

J udgmcni was reserved. MAGISTERIAL. WEDNESDAY. (13cfore Mr* IT. P. La wry, 5.51.) DRUNKENNESS. A first offender for drunkenness was fined •20s. in default 21- hours' imprisonment with bird labour. ALLEGED THEFTS. A remand until September 27th was granted in the case in which Robert Henry Brockie, aged 2i) years, was charged that, on August 26th, at Christchurch, he stole a piano, valued at .£BO, the property of T. F. S. Rudd. Alexander Francis Robinson, aged 23 years, was charged with stealing a bicycle, valued at So 10s, the property of James Shearer. He elected to be dealt with by a jury, and was remanded until September 27th. FAILED TO REGISTER. The following were each fined 5s and costs for failing to register as electors: James Beban, Otto Boucher, "William Thomas Bruorton, and Patrick O'Rourke. ABOUT A FIREARM. The information against Christansen Anderson, charged with procuring possession of a rifle without a permit, was dismissed. The case against Briscoe. and Co., who delivered the rifle to Anderson, who did not have a permit to receive the same, was also dismissed. - SUNDAY TRADING. * There was* no appearance of Charles low, who was charged with selling cigarettes on a Sunday. He was fined £5 and costs. MOTORISTS FINED. Pleas of guilty were entered by Linwood liollings and lan Collins Guillu'm Scott when charged with driving motor-cars over a railway crossing when the- line was not clear. Hollings was fined 20s and costs and. Scott 40s and costs. ADDED WATER. Robert Hanlon (Mr A. J. Malley) was charged with selling milk containing added water. Mr A. W. Brown, for the Health Department, stated that a sample of the milk had been taken by an inspector when the milk was being delivered. The analyst's report hpd shown that the sample contained 14.6 per cent, of added water. Mr Malley stated that the presence of the added water in the milk was a mystery. There had been no necessity to add the water, as defendant had a surplus of milk. Hanlon was fined £7 and costs £4 4s 6d. RESERVED DECISIONS.' His Worship gave reserved decisions in the cases in which Elizabeth Haste and Annie McEwan were charged that. on June 2Gth they exposed goods for sale on a Sunday. Defendants were each convicted and fined 20s and costs. DISPUTE ,OYER FARE: Charged with behaving in a "disorderly manner in Montreal street, Leonard Canty, a farm labourer (Mr P. P.-J. Amodeo). John Deans, a shepherd, and. Alexander McLaughlin, a shepherd (Mr F. D. Sargent), pleaded not guilty. In , evidence, John Gilligan, a taxi-driver, stated that, together with a man named Stephens, defendant had hired a taxi-cab in the Square. ?He had' driven them to Tuani street, Canty had obtained some beer, to Bealey avenue, and back to the Square. On' the way back a fight, had started in the* back of the cat, and Deans had got out to stop itr Canty had thrown a bottle of beer at lfim,. breaking a window ,in the car. In Montreal street another fight had started, and Canty had been'left .on the footpath. It was Canty who had' caused the trouble by not paying his fare. Witness had later reported the matter to the police. Leonard Canty stated that he had met McLaughlin about' 6 p.m. There were two men with McLaughlin, who had suggested a car ride. Witness denied having obtained* the beer and/having broken the. car window. He had offered to pay his share of the fare. He alleged that: Deans had struck him, and that lie had retaliated in self-defence. The information, against Deans ,and McLaughlin was dismissed, and Canty was fined £3- and costs. . ' • ' . CASE DISMISSED.

The Inspector of Awards, Mr P. C. Weonink, claimed £lO from Geoge Dickinson, proprietor of the White Diamond Taxis (Mr W. F. Tracy), as a penalty for a breach of the Canterbury Taxi Drivers' Award. It was alleged that defendant had, without reasonable cause, dismissed W. A. Evans, a taxi-driver'. W. A. Evans, a taxi-driver, stated that ho had been driving a White Diamond, taxi along Colombo street. There had been another- White Diamond cab in front of bis car, and> both were following a tram-car. Witness had a passenger in his car. The tr'amcar had stopped, so ho slowed down. When the car started again he accelerated, but the tram stopped again. Witness applied his foot-brake, but it failed. He then applied tho hand-brake, but tlio car. skidded into the one in front. Witness returned to town and reported the accident to Mr Dickinson, jun. The front mudguard on his car was, damaged,' and the'rear rim 'on the other car was also bent. The following' day he saw Mr Dickinson, sen., wjio told witness that he -would have to pay £5 damages. Witness agreed to do so, but said that lie could not pay cash. He offered to pay 5s a week. Mr Dickinson said that that was no good, as it would take too long to pay it off. Witness had asked to be allowed to consult his wife on tlic mutter, but lie had been dismissed.

J. K. Archer, Mayor of Cliristchurcli, stated . that ho had been in tho taxi-cab at. the tims tho accident had taken place. They had been proceeding slowly down Colombo street. He had noticed that another car liarl been in front, and there had been no suggestion of speeding. Thero had been no jolt, and he was surprised to lioar that thero had* been any damage done. He considered that the driver had been careful. Evidenco for the defence was that Evans had been negligent. It was alleged that lie. had several times been warned for careless handling of his car. His Worship gave judgment for the defendant. CIVIL BUSINESS. (Before Mr 11. A. Young, S.M.) The case in which Stockers Motors, Lid. (Mr Lockwood), claimed' from E. Wilson, Madras street, taxi-driver (Jlr Sim), the sum of JSIB9 17s id, allegedly due in respect of the purchase of a motor-car, was concluded. Defendants counter-claimed, for .CIGB, alleging that at tho time of tho sale of the car plaintiff had fraudulently re-presented that the car ,liad' belonged to two elderly women, and had not been a service car. Mr Lockwood intimated that he wished to call the evidence of a man at present out of town, regarding the condition of the car when plaintiff had ' it. * "I don't think it's necessary, said the Magistrate. . , , , , , . The Magistrate said that the defendant had not satisfied liim tliat the car was not in perfect running order at the time it was purchased. ■ (U „ Judgment was eutcred for plaintiff on .be counter-claim, and for £156 Os 7d on the claim, with witnesses' expenses' -o -s, anu Cojirt- costs £3 15s.

KAIAPOI. . (Before Mr 11. A. Young, George "Kaann, on a cliargo of negligently driving ,11 motor-truck on the Jlam Noiti road, wks'fined £3 and Court costs "11?. mid was disqualified from obtaining a dm or s license for twelve months. Oil a further charge of driving a motor-truck without being the holder of a motor-drivers license, he was fined £2," with costs 10s. Allan Howard, charged with employing George tfuanii to drive a motor-truck when he was not the holder of a motor-dn\ er s license, was fined i'2, and costs 10s. Jack Anderson, for driving, a motor-cjdc along a public highway in a manner dangerous to the public, was fined £4, and costs 10s. Jack I'lutey, charged with disobedience ot a maintenance order, being in arrears £9 3s, was sentenced to one month's imprisonment, to b(J released on payment of the arrears. . CIVIL CASES. Judgment for plaintiff by default A, ' a . s given in' the following eases:—E. L. Sclumnnski v. A. Tavendale, claim £X * ss ' ~ Alexander v. E. Croft, claim 7s; G. E. Gillett v. D. Giddens, £6 10s; Blackwells (Kaiapoi), Ltd., v. R.. H. Ford, £ls 8s sd; same v. A. Jennings, £3 14s 3d. In the case M. Ramsay v. J. Bashford, claim £6 lj)s, defendant was ordered to pay the amount due forthwith, in default eight days' imprisonment, and in the case E. L. Schimanski v. James Gallagher, claim £6 13s, defendant was ordered to pay the amount due forthwith, in default three days' imprisonment* .