ABOUT A PORTRAIT.

Evening Post, Volume LXXXI, Issue 92, 20 April 1911, Page 8

ABOUT A PORTRAIT.

Reserved judgment in the case of Joseph OrniTod, storekeeper, of Berhampore, versus Peter Van der Veiden, was given by Dr. M'Arthur, S.M., at the Magistrate's Court to-day. The claim v/as for delivery of a portrait) of plaintiff's wife which, it was alleged, defendant had contracted to execute in lieu of payment of an account for goods supplied. In the alternative plaintiff claimed £50 15s 3d, being £10 15s 3d, the contract price paid for the portrait, and £40 damages for its wrongful nondelivery. Plaintiff also claimed £9 183 for goods sold and delivered. A nonsuit was asked for by Mr. Fell^ who appeared for defendant, on the grounds that the contract was not in writing and that it was impossible to obtain specific performance where the goods were not specified or ascertained at the time the contract was made. His Worship considered that the picture which was to have been painted did not com© under the definition c£' specific goods. There ■vaas no memorandum in writing and nothing had been J done by defendant in addition to the making of the oral contract in affirmation of the -bargain. Plaintiff was nonsuited as to the delivery of the portrait and damages^ "I do not consider that; the mere giving a credit on plaintiff's book is sufficient to bind the defendant," said his Worship. As the defendant admitted the amount due for goods supplied, viz., £20 9s 7d, judgment was given plaintiff for t»hat amount. No costs were allowed, as both parties had been partially successful. Security for leave to appeal was fixed at £10 10s. Mr. Eothenberg appeared for plaintiff.