Friday, 30th November, 1866. (Before Thomas Windle Parker, Esq., R.M.)

North Otago Times, Volume VII, Issue 160, 4 December 1866, Page 3

Friday, 30th November, 1866. (Before Thomas Windle Parker, Esq., R.M.)

CIVIL CASE, Speid v. Crossbry. — This was an action to recover L5, value of a silver watch sold to defendant in June last. Mr O'Meagher for defence. The defence was that the watch did not keep bo correct time as it was stated by plaintiff it would, and that it had been taken on trial, and not having been found satisfactory, had been returned. The defendant admitted being told by plaintiff that the watch gained 45 minutes in the 24 hours after ho got it. The plaintiff's case was that ho had sold defendant the watch for L5 ; stating that it was a pretty fair timekeeper ; that it gained 45 minutes in the 24 hours. He had refused to receive the watch from defendant, as a regular sale took placo ; the watch was not had by defendart on trial. Mr O'Meaghor submitted that it was a conditional sale, and that one part of the contract having been departed froin by plaintiff, the defendant had a right to annul the whole. The Bench did not take this viow of the case. The defendant must have been aware that ho was buying i a watch that did not keep good time. Judgment 1^ for plaintiff, for amount claimed.