RESERVED DECISIONS DELIVERED BY S.M.

Manawatu Times, Volume LIII, Issue 6670, 25 July 1928, Page 2

RESERVED DECISIONS DELIVERED BY S.M.

The following reserved, decisions were given by Mr J, L. Stout, S.M. in the Magistrate’s Court yesterday morning. Young v Jamieson, In the action in which T. Young, of Fitzherbert, farmer, proceeded against P. T. Jamicson, dairyman of Palmerston North, to recover £l3, being the balance allegedly owing on a cheque for £47 for the purchase of cows, His Worship gave judgment as follows: — Defendant, counter-claimed for the sum of £l3 for the value of one of the cows which was allegedly unsound and eventually died. £1 Is veterinary expenses and‘lss burial costs were also claimed. Both Claim and Counter Claim Allowed His Worship said: “In this case, 1 am satisfied that guarantee was given, .but that the defendant had the right, should the cow come in unsound, to return it, and the price was not payable until it had been ascertained that the cow had chine *in sound. The plaintjfftei’p'tessly if£used a guarantee and 6ie/“therfefdife,' cannot be implied. In my opinion, the- act of defendant in soiling the cows before the trial was completed, passed the property to him, agd: ri£ :t of trial. Apart f rofif that' I think that the cheque was given, for. good dbnsideratidn, as ityras given in settlement of a claimf or' uthonversion. ’ Judgment was given, for plaintiff for £l3 andicosts, and for defendant on the countehfslaim with’costs. ‘MdKeuzie and’ Others v HilL ' Hi|'’ also "delivered judgment in thb’paao between Duncan McKenzie and fitters ;yo'reus'James Thomas' Hill, farmer of Bunnythorpo. Thd .case was one in which plaintiffs rcpreseixted-by. Mr.Ongley proceeded agaidht; defendant, wha was represente^',by,:Mr Oram, for the recovery of the sum',of;£63 17s 5d being loss allegedly dpo ,ta 7 ‘defendant’s failing to keep a - covenant in which he agreed to keep, in gopd"faad, substantial repair, all grounds, buildings, fences and gates on a prylerfy at. Carnarvon leased- by' him ?' -• ‘ , Judgment for Plaintiffs. A man .named H. B. Eedpath, at the expiry of Hill’s occupancy of the property, was engaged 1 by plaintiffs to put the fences, drains, etc., in repair, the amount" claimed from defendant being largely the expenses incurred by the employment of Eedpath. Worship said: “Eedpath did not come within the covenants by which defendant was bound. 1 I think, that the evidence discloses that- certain of the drains had fallen into disuse , and had been abandoned,' but I do. not think 1 defendant should be penalised for not cleaning out these drains. . I allow Eedpath’ (who- putihe property in order after ffill’s .lease expited) ten. day's work funder this ‘bead. ,I- also allow him bhe'day to put : in on the fences, and two days 'Ofi the-sand-break. For the purpose’-of tciiatting the gorse, I allow him SOdays, Eedpath, in addition t'd trimin’g ' the hedges,' which in my opinion is all that the covenant palled fot, • .cufcvihcm right back and also did-.a 'good, deakof grubbing both along the ffont' And' back boundaries. The covenant, in; my opinion, called upon -defendant to train the hedges and also to gr-ub qther.gorac, and I think that^q'iallowafico ; ,l7havo made would cover that work. ” Judgment was then entered for plaintiffs .for the sum of £3o’ 2s Od, being 43 days ’ , work done by Eedpath at 14s per day. ' ®;' - McDonald v. rindlay.l , In, the first case Kenneth McDonald,

land agent of Palmerston North, .who was represented by Mr." CoOpcr,-pro-ceeded against . Duncanj y . .Findlay oJ Alexandra,. builder, for : tho sum of £4O, as commission allegedly-, .due ,foi the salo of a -property in Stanley Avenuc, Palmerston’North:'' His Worship stated: ‘'ln jiiy opinion, tho sale was not tho result oi plaintiff’s agency. I am-satisfied that Mr. Mason (who benight the house) communicated " with Findlay prior to going to McDonald.' Judgment will therefore be for defendant with costs,’*