CLAIM FOR DAMAGES

Dominion, Volume 14, Issue 301, 14 September 1921, Page 8

CLAIM FOR DAMAGES

A DUAL IN CHEVIOT SERGES. An action for damages in respect to alleged breach of a contract came before Mr. E. I’age, S.M., veste.'.day afternoon. Roberts (N.Z.), Eld. (Mr J S Hadfield) proceeded against James Bell, tailor, Manners Street (Mr. M. Myers) to, recover the sum of £195. \ Tho statement of claim sot out that on October 20, 1919, the defendant agreed to purchase from plaintiff thirtyjpicces of navy blue Cheviot serge, and in Maj’ and August, 1920, had accepted delivery / of only nineteen pieces in all. On January 19, 1921, the defendant, it was alleged, refused to accept delivery of tho balance of the goods, or to pay for them. The agreed purchase price of the serge refused acceptance, was £5BO 18s., and at the date of the refusal the \ value of the goods had fallen considerably. Plaintiff consequently claimed damages to the amount stated. The defence was that delivery was unduly delayed. Mr. Myers contended that on tho facts the plaintiff had not proved his case. The Magistrate held that the plaintiff’s case had not been sustained by tho evidence. Judgment was entered for tho defendant, with costs.