RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3677, 27 April 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

This Day,

(Before Captain Preccc, R..M.) THE " BLUE WM CASE."

His AVorship gave judgment at 2 o'clock in the civil case AVallacc v. Harkcr, the evidence in which was concluded yesterday. The Court found that a warranty had been given by the plaintiff, but that the trees had not been properly treated by the defendant after delivery to him. In the case of the first 2000 trees it appeared they were all taken by the plaintiff from one place in his nursery, and were not an average sample, and that, moreover, he had not taken the care that he should have done in removing them. Half the amount claimed for these would, however, be allowed, as it was clear that they had not been properly cared for and planted by the defendant after he got them into his possession. The defendant knew what he was .buying, and was aware that there was a certain amount of risk in the matter. AVith regard to the second lot of trees delivered the full claim would be allowed for them, as, if the. defendant had any complaint to make about tho previous 2000, he need not have taken the second consignment, j udgi.Kiiit would be for £G for the first _000, and £6 for the second item, together with Court costs £1 lis. expenses of three witnesses £1 12s, aud solicitor-'>i fee £1 Is.

The case for specific damages Harker v. Wallace was withdrawn by*" the plaintiff, who agreed to pay the defendant's solicitor's fee of £1 Is.