RESIDENT MAGISTRATE'S COURT, CHRISTCHURCH.

Lyttelton Times, Volume II, Issue 76, 19 June 1852, Page 5

RESIDENT MAGISTRATE'S COURT, CHRISTCHURCH.

12th June, 1852, (Before Captain Simeon, Messes. Bowen and Phillips.)

W. G. Brittan v. Finnamore. —This case was not of any particular public interest; it appeared that at the defendant's solicitation, the. plaintiff was induced to sell defendant an acre of the bush at Papanui upon certain expressed" conditions; a written contract was not. drawn up. Deferident paid a deposit of £2, and 7 afterwards supplied slabs of the value of £l more. Mr Brittan becoming dissatisfied with defendant's payments, instructed his agent, Mr. Harman, to give notice and make him give up possession. On enquiry, however, it was ascertained that defendant had cut a very large portion of the wood, and plaintiff made a claim for £17, the value of twenty-eight of the best trees, that bad been cut and lemoved. Several witnesses were examined on both sides, the defendent endeavouring to show that the whole of the wood had not been cut by him.

Judgment for £\ 2was given for the plaintiff to be paid by four instalments of £3 a month.

Worsley v. Torlesse. —Mr. Porter appeared for the defendant. Mr. Worsley conducted his own case, and stated that he purchased of Mr. Torlesse, on the 23rd of January last, out of his herd of cattle then in Hagley Park, 3 cows and a calf, which he had selected, one of tbem being a strawberry of peculiar beauty. His son and Mr. Woolcombe assisted to rope the cows, but they broke loose and got away almost immediately. Plaintiff wrote to Mr. Torlesse requesting that the cows might be driven into a stockyard in Chiistchurch ; to this an answer was received which he construed into an assent to his request. He went subsequently to the stockyard in Chiistchurch, and was pointed out his cows, but for the strawberry had been substituted another of inferior breed, which he refused to take. Plaintiff now laid a claim of £19 195., being the value of the cow he originally bought, with the interest added, and which claim the defendant refused to satisfy. Mr. Porter argued that Mr. Woolcombe, a friend of the plaintiff, with Mr. Worsley Jun., having, after the purchase had been concluded, roped the cows, there was a delivery. The cows broke loose and wandered back to the station. Out of courtesy and a wish to oblige, Mr. Torlesse had them driven into Christchurch again with other cattle that had been sold. The plaintiff maintained strongly that the strawberry cow was not delivered to him; but the court considered that sufficient delivery had been made in Hagley Park, and a verdict was given for defendant.