TO-DAY'S COURT.

Hawera & Normanby Star, Volume LIII, Issue LIII, 14 July 1908, Page 7

TO-DAY'S COURT.

ABOUT A SEWING MACHINE.

In the Magistrate's Court this morning Uixon and Hates (Mr I'oyj sought to recover irom Mrs M. Harrison (Mr Sellar), of Auroa, £3 tor breach of contract in respect to the hire on the purchase system of a Wertheim sewing J machine. Q The evidence of 'the plaintiffs showed 6 that they received an order on January 21, 1908, from their agent, on behalf Of the defendant, for a Wertheim sewing machine. The firm, not having the particular machine required, had to send to Wellington for it. , The ma- ® chine was duly consigned to Te Roti . and forwarded to the Auroa store, # where it was to be (Sailed "for; On L " January 31 the .. plaintiffs received a c telegram from- ihe defendant' asking '* that the machine be not sent, and statlr ing furtb4r that she would not take it. A reply was sent to the defendant to I* the effect that it was too late to cancel the order as the machine was in tran- ! sit. •■' ; Mr Dixon, in his evidence, stated to Mr Sellar that he doubted if an. arrangement' had been.vmade for the ma- '• chine to be delivered at' ,the, defendant's house; 'it' was ' J sn "the , pface arranged, the Auroa store. Mr Bates said that six .weeks after i the order had been given in conversation with the defendant at Auroa she • told him that she did not want the " I Wertheim machine, as her husband had ' ordered one from the Singer people. She further remarked that the Singer 1 machine was bought after the Wer- ' theim.had been ordered. ! 1 Mr Sellar: Didn't Mrs Harrison tell •. ybu that your machine had not come " up to the time she ordered it for? ' Mr. Bates: I know there was a little delay in the machine arriving through the fault of her carrier. I explained that to her. Defendant also said that she wanted the machine for a month or two. Defendant, in evidence, said she\J;old the agent that if she took the machine it 'would be only for a month, and the agent said he would put it in the bailment that the machine was on; trial for a month. Regarding the delivery she told the agent that the plaintiffs would have to deliver it at the house because her husband had said he would not call for 1 it . at the store, saying it was* the plaintiffs' place to bring the .machine to the house. The agent promised to deliver the machine the next or the following day without fail, but it never arrived. Witness had the opportunity of taking another machine-^ the - Singer — and she took it. The Singer was delivered on January 31. (She did not know the Wertheim machine, was. at the store then, and had never had any word that it was there. Witness told Mr Bates that the Singer machine had been ordered six months ago. It was ordered by her husband. To Mr Foy: The Singer agent had never persuaded witness to take his machine in preference to the Wertheim. Mr Sellar argued that the plaintiffs had not proved that they had delivered the machine up to the specified time, and he submitted he was entitled to judgment or at least a non-suit. ■ Mr Turnbull suggested that the cvi- ', dence of the agent (who was in Auckland) should be taken. Mr Sellar opposed that. ] The Magistrate gave judgment for the plaintiffs for the full amount claim- a ed with cosjbs. A Hawera Borough Band social takes place to-night. A social to welcome the mew organiser for Hawera No-License League, Mr E. H. Tayldr, will be held in Wesley Hall on Thursday evening. Messrs James and GilJman 'nave added to their extensive list lof properties on page 7 particulars of 740 acres of sheep country and n property of 167 acres in j the Toko district.

A. mammoth sale commences on Thursday, 16th inst., at the Economic, Hawera. Shut all day} Wednesday. W. Spence, Hawera. — Advt. Woods' Great Peppermint Cure for coughs and colds never fails. Is 6d and £4 6d.— A-Jvt.