MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2527, 30 July 1915, Page 9

MAGISTRATE'S COURT

ALLEGED BREACH OF CONTRACT

£125 DAMAGES CLAIMED

A claim for damages in respect to an alleged failure to deliver a quantity of wool was heard by Hr. J. W. Poynton, S.M., ill the Magistrate's Court yesterday, A. S. Paterson and Co., of Wellington, claiming from Tlios. Utting, sheep farmer, of Tolaga Bay, £125 in this respect. Plaintiffs alleged that on October 20 defendant agreed with plainliffs to dispose of a wool clip to them at 10d. per lb. for fleeces ana BJd.lb. for bellies and pieces. The clip was resold by plaintiffs in England. It was alleged that on or about November 5 defendant unlawfully repudiated the contract and refused to deliver the wool to plaintiffs, or to recognise any obligations under the contract. In consequence of this, plaintiffs were unable to carry out their obligations with- their English buyer, and wore compelled to pay £125 by way of damages. Plaintiffs accordingly claimed tins sum from defendant by way of damages for breach of contract. 1 ■ The defence was that no contract at all had been made with plaintiffs, but that a straight-out offer Lid been made to Dalgety and Co. (who liavo a- business connection with plaintiffs). It was denied that Dalgety and Co. had any authority to act as defendant's Defendant also alleged that there was no sufficient memorandum in writing to take the contract out of the' Statute of Frauds, also that the parties were never "ad idem." After .hearing tho evidence his Worship reserved his decision in the case. 51r. T. Neave appeared, for plaintiffs, and Mr. J. J. M'Gratli for defendant.

A PROMISSORY NOTE. The Empire Loan, Company (in liquidation) sued 11. C. Sim for £22 10s. Bd., being the amount of a promissory note endorsed by defendant.. Judgment was given for plaintiff for tlie amount claimed, with'costs £4 2s. Mr. E. P. Bunny appeared for plaintiff, and Mr. T. Neave for defendant.

DEFAULT DEBTORS' LIST. Judgment was givei for plaintiff by default by Mr. J. V. Poynton, S.M., in the following undefended civil cases:— Public Trustee (the executor of the late James Petherick) v. George Smith, £6 175., costs £1 3s. 6d.; Commercial Agency, Ltd., and Briscoe and Co., Ltd., v. William Henry M'Carthy, £6 2s. 3d., costs 13s. 6d.; C. Mitchell v. Daniel Richardson, £6- 12s. lid., costs £1 7s. 6d.; P. Haynmi and Co. v. W. L. Spackman, Ltd., £23, costs £2 lis.; J. B. Clarkson and Co., Ltd., v. The Gamage Cycle Co. (George Milne, proprietor), £31 2s. 3d;, costs £2 45.; John Wallaco Easson v. P. Sullivan, £9 10s., costs 3 2s. j Commercial Agency, Ltd., and Bing, Harris and Co., Ltd., v. R. M. Hempseed, £101 18s. lid., costs £5 10s. 6d.; New Zealand Fruit-and Produce Co., Ltd. (in liquidation), v. Isaac Clark, £2 10s., costs 10s.; same v. Clias. Reid, £8 14s. 5d., costs £1 3s. 6d p .; Glyn, Jones, and Pearson v. Albert Wclham, £1 Bs., costs 65.; F. Goodwin v. M. Dunstall, £2 Bs. Bd., costs 10s.; G. Tunikill and Co., Ltd., v. A. Pritcliard, £16 'lis.- 4d., costs £1 10s. 6d.; Vacuum Oil Company Proprietary, Ltd., v. W. H. Oppat,t,- £22 14s, 6d., costs £2 18s.; John O'Donnell v. Thomas Burt, £15 2s. 6d., costs £1 10s. 6d.

POLICE CASES. (Before Mr. D. G. A. Cooper, S.M.) Frederick Joseph Edward Harrington appeared oil remand, charged with deserting his child at New South Wales.: Ho was remanded to appear thero in the custody of Constable Scott. A young man named Harry H. Geary was fined 20s. for stealing a bicycle lamp, the property of.' Edward Montgomery. Ho was also ordered to refund tho 3s. Gd., the price at which the lamp was sold to a second-hand dealer. John Robert Foster, who had been nudor curative treatment for drunkenness, was ordered to pay the cost of tho samo, 17s. Gd., in default 48 hours' imprisonment. Charged with drunkenness, Thomas Forsyth was sentenced to ono month's imprisonment, and a prohibition order ,taken out against him. Similarly charged, William M'Carthy, a soldier, was fined 10s., in default 48 hours' imprisonment, and ordered to be handed over to the military authorities. . Three firstoffending inebriates were dealt with.