PICTURESQUE ATLAS GASES.

Marlborough Express, Volume XXVII, Issue 236, 17 October 1891, Page 2

PICTURESQUE ATLAS GASES.

4> • [UNITED PBESS ASSOCIATION.] Wellington, October 16. In the case of the Picturesque Atlas Company v. Jessup, claim £9 for 36 parts refused, Mr Eobinson held that the agent did misrepresent the purport of the printed order, and that the defendant therefore was entitled to repudiate the whole contract; but m order to do this it was necessary to replace the company m integrant. This the defendant had endeavored to do, but the numbers were soiled, and no longer merchantable as new books ; therefore the recision had not been accomplished. The claim now is an alternative for the price under the contract, or for damages for breach of same. The Magistrate held that plaintiffs were properly entitled to recover for breach, and that the measure of damage m the case is the difference between the contract price and the present market value of the parts. According to evidence the present market value is Is per part, and therefor 36s was deducted from the contract price. Judgment for £7 4s with costs. Invebcabgii.l/, October 16. In the other Picturesque Atlas case today the defendant asserted that he only signed the list of patrons, that the signature on the order was not his. He pointed out several differences between the way which \ his name and address were written, and his 'invariable practice, The plaintiff was granted an adjournment on payment of costs, and will produce Mr Metcalf the canvasser. It transpired that 36 numbers of the work were left on the defendant's verandah, and were fished out of a stream m the vicinity by children.