DISTRICT COURT.

Lyttelton Times, Volume LIII, Issue 5951, 23 March 1880, Page 3

DISTRICT COURT.

OHBIBTOHHBOH. , Monday, Mabch 22. J (Before His Honor Judge Ward,) , BLUETT AjND, CO*. .T. OEAIG. This case, which was for the value of goods detained, £2Bl’ Os 3d, had been settled out of Court. 1 ' M’GUnfKßSfi T. HEALEY. ~ This was i an .action brought on a hill of exchange for £2OO. ' Mr Harper for defendanti said notice 1 of discontinuance had bfifin filed by, the other side .that 'morning, He would ash for costs. Costs allowed'* including expenses - b£ a riitnesft from lirnaru. 7;f7 :' '. SHXTH V. - MATSON'AND COj : On this case being called oh'there was no %q^'ie;'^'T^'' for was £2B, purchase 1 mdriey of land. QAntAGHBH V. MATSON AND CO. This was a case of a similar nature to the preceding, the ; claim’being for £lB. It was also .withdrawn. , " KBBNAN V. WHITE., , > Claim £ll2 3s Id,-for work and labour done. Mr E. B. Deacon was for the plaintiff, and Mr Garrick appeared,for the defendant. Mr Garrick, to save iime, would, admit that the work was done, and done . properly. At his request all witnesses were ordered out of further admitted the correctness ofthequantity stated..

' Mr Deacon explained that the contract was for. cleaning, &o. 10,000 lbs of grass seed, at 2Jdperlb. I : John Keenan said he knew William Greenland, Little Biver, as an agent for defendant. On Deo. 10 witness asked Greenland if any contract was taken for the grass’seed. Witness offered to do it for 2id per lb, and was told to return on the Saturday folio wing., The offer was then accepted, Greenland; agreeing to find , threshing sheet; sieves, bags, twine, ahd ncedlps. , witness, “Whatdoyou say ifwegohalves ?” Witness said it would hot do, he pad seven 'HahffsYßhß“lll'^he“cuttihg'‘waß'done but an hodi’s workj Told him distinctly it Could not he done. • For a long while past the contract question, which however, was allowed. . , , i h 6 knew’2|d per ib to have' beetr paid in another cose this season. ’Nd one kflew the price-of grass seed at the ,time‘the contract was taken 1 ; but at the time Greenland wapted tq go, halves,, witpess well knew that seed had been sold at 3d per lb. _ To Mr Garrick: Had witness taken seed in •part..pay.ment.„hft...would.n.ot .have-had wages JjeMt,- to j pay the men, }. Npthirigwas said as to .his getting the same terms as were prevalent in the neighbourhood ; it was solely a monetary consideration.. Would positively ‘swear hC did not say to a man homed Prehdiville that he had taken the;ontfcing on halves. When witness applied for payment;-Greenland told him that if he did not like to waif he could go and sell his share; |withess replied that he had[ nothing to ido with any share. The prevailing price was 2|d. Some that was sold at '2|'d- was as good aS any on the peninsula. John Prehdiville, a hushman living at Little Biver,. deposed that on Dec. 16, Greenland told him he Lad the seed let, that Jack Keenan had got it, and that he was giving hlm2jdperlb. ; . To Mr Garrick: Went to work for plaintiff after that; -Was not a portlier, but .was paid by thehour, Keenan never told witness that he had taken the cutting-on halves; At that time seed had been sold at 3d; Heard a man named Smith, who also was putting say that Jack was getting 24d peflb. Henry Smith, milkman at Little Biver, deposed that Mr Greenland told him he was giving-Keensin 2Jd per lb. The reason wit-’ ness made the inquiry was because he had heifd’ Greehlarid was letting ’in a different way, at a lower price. He said to witness fchaf he wa» not letting it on halves, j This closed the case for the plaintiff, and Mr Garrick, after conferring with his client, consented to judgment, being entered for the plaintiff with costs. ; 77''' 7 7'T ' . Claim, £l3B, for half a year's rent. Mr Perceval appeared for the plaintiff. The de-fendant-did not appear. Judgment for plaintiff, with costs. This concluded the business, and the Court was adjourned. _