SEQUEL TO A FIRE. AN APPEAL CASE.

Evening Post, Volume LXXVI, Issue 107, 2 November 1908, Page 3

SEQUEL TO A FIRE. AN APPEAL CASE.

Mr. Justice Cooper on Saturday decided the case of C. E. Wyett, dentist (appellant), v. Smith and Smith, Limited, oil and colour merchants (respondents). The matter was an appeal upon points of law from the judgment ot Mr. Jtiddell, S.M. The action was brought to recover £24 4s lid foi goods supplied, and work done in appellant's house, which was destroyed by fire before the work was. completed. His Honour said the magistrate found that the transaction between respondents and appellant was in fact a twofold one (1) that the appellant was to buy from the respondents at a reasonab'e price the paper required for the papering of nis house, and (2) that the reftpondente were then to hang the paper, charging him (appellant) ruling rates for their work and labour. If there was evidence before the magistrate to support these conclusions of fact, then the appellant was at any rate liable ti pay for the paper, as it was in fact sold and delivered to him, and his appeal could not succeed. The appeal was made on the grounds that the judgment was against the evidence, that appellant was entitled to judgment on the facts proved, and that appellant was not liable to pay the claim by reason of the destruction of the work and materials before the time of payment, and before the completion of the contract. His Honour dismissed the appea, 1 with £5 5s costs finding that there wac evidence to support the conclusion of the magistrate as to fact. Mr. Young appeared for appellant, and Mr D. M. Findlay for the respondents.