MAGISTRATE’S COURT

Evening Star, Issue 21628, 25 January 1934, Page 11

MAGISTRATE’S COURT

THURSDAY, JANUARY 25. (Before Mr J. R. Bartholomew, S.M.) DEFAULT CASES. Judgment, with costs, was given for plaintiffs in the following undefended cases:—Otago Hospital Board v. Harold T. Anderson, £4 6s, hospital maintenance and services rendered; Sargood, Son, and Ewen Ltd. v. Victor Georg© Cleverley (Hillgrove), £5 13s Bd, goods supplied; J. and W. Faulkner v. J. L. Williams (Mosgiel), £1 Is lid, goods supplied. JUDGMENT SUMMONS. George Brown was ordered to pay Simpson and Thompson £3 11s forthwith, in default four days’ imprisonment. SALE OF COW. The court heard a claim for £3 15s 6d (in connection with the sale of a cow), William Pryde (Pine Hill), who was represented by Mr G. T. Baylee, claiming to recover from J. L. Clarke (Pidgeon Flat), for whom Mr F. C. Dawson appeared, The statement of claim was that on July 19 last, at the Burnside saleyards, through his agents, Stronach, Morris, and Co. Ltd., defendant sold plaintiff a cow for £3 15s, prior to which defendant warranted that it was sound. On August 6 plaintiff discovered that the cow was not sound, but when defendant and his agent were advised accordingly the defendant refused to accept it back. Plaintiff sold the cow on November 29 at the Burnside saleyards for 18s 6cl. At the request of Stronach, Morris, and Co. plaintiff on October 24 paid them the price of the cow, and now claimed £2 16s 6d (difference in prices), 14s (grazing), and 5s (drover’s fee). Mr Baylee said defendant agreed to take the cow back, but plaintiff was unable to return it on the date agreed on, and defendant subsequently refused to take delivery of the cow. Mr Dawson said that defendant would admit that the cow was warranted as sound. Evidence was heard on behalf of the plaintiff and for the defence. Mr Dawson said that had the plaintiff taken steps to return the cow there and then if it were unsound, naturally the defendant would have had to take it back. Defendant did not understand the suggestion that it was unsound. Evidence was then called for the defence.