CIVIL OASES.

Marlborough Express, Volume XXXVII, Issue 270, 18 November 1903, Page 3

CIVIL OASES.

The civil business of the session was then proceeded with. '

The first case called on was that of C. O'Dwyer v. Clouston & 00., Ltd., clam for £86 14a 5d and the defendant Company counter-claimed against O'Dwyer for £495 0a 9d.

Mr McCallum appeared for Mr O'Dwyer and Mr Conolly with Mr Johnston for Clouston & Co., Ltd.

The facts of the claim by Mr O'Dwyer were admitted on the pleadings, and the case really hinged on the counterclaim.

Mr Johnston opened the case for the Company.

The claim was based on a contract made by O'Dwyer on February 25th, 1903, for the sale of 6000 bushels of prime malting barley. The barley was grown in two places, Spring Creek and Redwoodtown. Thp barley grown at the former place was accepted as according to sample, but that grown at Redwoodtown was rejected as not being according to sample and of prime malting quality. A portion of the latter barley was delivered, when rejection was made by the Company's buyer, Mr Corry. Later, during the latter's absence, O'Dwyer called at the Company's offices and asked for payment. The accountant, not knowing of the rejection, paid the full amount," £809 17s 2d, for the barley as prime milling, and the Company now claimed a refund of the amount paid for the Redwoodtown portion. The sale of potatoes for £86 14s 5d was admitted.