ABOUT A PORTRAIT.

Evening Post, Volume LXXXI, Issue 85, 11 April 1911, Page 8

ABOUT A PORTRAIT.

Joseph Ormrod, storekeeper, , of Berhampore, proceeded against Peter Van der-Velden, artist, of Wellington, in the Magistrate's Court to-day, for delivery of a portrait of plaintiff's wife, which the -defendant eoßtractetl with the plaintifF to paint for the sum of £10 15s 3d, and which was duly completed by the defendant and paid for by the plaintiff, according to the contract. Tie portrait was not delivered to the plaintiff, who claimed that defendant had' wrongfully refused to deliver it. In the alternative the plaintiff claimed £50 15s 3d, being £10 15s 3d, the contract price paid for the portrait-, and £40 as damages for its wrongful non-delivery. Plaintiff also claimed £9 18s for goods sold and delivered to the defendant. Mr. Eoihenberg, who appeared for said the case presented many features. The defendant ran an -•account with -the plaintiff, and when the amount owing had readied £10 15s 3d • defendant offered to set off the debt by painting a portrait of the plaintiff's wife. This was agreed to, and the portrait was .painted and submitted to the plaintiff as completed. .Plaintiff was not entirely satisfied, and suggested several minor alterations, which defendant agreed to make. Defendant took the portrait away, and that was the last plaintiff had seen of it. Alter some time had elapsed plaintiff applied for the portrait, but defendant repudiated the contract, and stated •that the portrait could only be obtained on payment of £50. Plaintiff contended that, according to the terms of the contract, he had paid for the portrait, and that defendant had wrongfully detained it. — Mr. Fell, who appeared for defendant, asked for a nonsuit on the ground that the contract between the parties was not in writing, and was not legally enforceable on that account. It was not sufficient that the plaintiff had written the defendant's debt of £10 15s 3d off his books. The second ground was that it was .impossible to obtain specific performance whsre the goods were not specified or ascertained at the time the contract was made. Decision on the nonsuit point was reserved till the 20th inst. (Proceeding.) ilessrs. Gilehrist and Ki^d, land agents, Palmerston North, ad-.crtise in this issue particulars of a dairj farm which they have for sale. A deputation will wait on the llayor at I 9.30 o'clock to-morrow morning' to urge ■ the completion of the Kilbirnio Recreation i Ground*