MAGISTRATE'S COURT.

New Zealand Herald, Volume LVIII, Issue 17784, 18 May 1921, Page 5

MAGISTRATE'S COURT.

PURCHASE OF COW AT SALE. QUESTION" OF AUTHORITY. The purchase of a cow at an auction sale eight months ago led to the auctioneers, Alfred Buckland amd Sons, Ltd. (Mr. Still well), suing Robert Spencer (Mr. Osburne-Liily) and Mrs. RoseLla Bennett (Mr. Keyes), before Mr. W. R. McKean, S.M., in the Magistrate's Court yester day, for the purchase price, £12 10s, together with £2 7s 6d interest. Evidence for defendants showed that Spencer gave authority to Mrs. Bennett to purchase a cow for " about £8." The actual price she gave, however, was £12 10s, -and - when plaintiffs sent Spencer an account for that amount he ignored it, contending that no authority had been given by him for the purchase at that price. The magistrate said the case was one in which the " equity and good justice clause" oould well be resorted to. Judgment was accordingly given for plaintiffs. the defendants being ordered to pay the amount of the purchase price in the proportion of £9 against Spencer, with £3 6s 6d costs, and £3 10s against Mrs. Bennett, with 18s 6d costs. Plaintiffs agreed to forego their claim for interest. CLAIM AND COUNTER-CLAIM. A claim for £85 3s 2d, payment for work done, was brought before Mr. E. C. Cutten, S.M., by Garnett Bowen Holmes (Mr. Denniston) against Mrs. M. J. Hogue (Mr. Sullivan). Defendant counterclaimed for £13 4s 9d for work done, and also for £50, which she alleged" had been paid to plaintiff for shares in a syndicate formed for the construction of sea-sled boats. The plaintiff contended that the £50 was a private payment. Judgment was given for plaintiff / for the amount claimed, and for defendant for the £13 4s 9d in her counter-claim. Defendant was non-suited on the £50 counter-claim