MAGISTRATE'S COW.

New Zealand Herald, Volume LVIII, Issue 17966, 16 December 1921, Page 4

MAGISTRATE'S COW.

DISPUTE OVER A DRAY. ;; QUESTION OF GUARANTEE. Vv A dispute arising from the silo of ft- '. spring dray came before Mr. J. E. Wil- ■/ son, S.M., in the Magistrate's Court* vefr/~ . terday. Bernard Murray U->thj imi :,'. Ernest Malcolm Henderson \Xr 3en« , nett) trading as the Farmnre' bazaar, . Albert Street, claimed from Ovpby Bur. dett (Mr. Puidal), farmer, £50'. 10s, being the price of certain chattels//. including a spring dray, £38, sold and delivered to defendant with freight Be-. . fendant counter-claimed for STfi da>:.igj*i for alleged breach of guarantee. He' alleged, that a condition of the sale of . the dray, which was required i'or carrying cream, was that plaintiff guaranteed it to carry 20 to 25 cwt fflfesfefci torily. Defendant found the dray would not carry such -weight, and retiirnea it." to plaintiffs, claiming thus to be free t from liability to pay for it. But if M. were bound to pay he claimed **■-,;,.< s damages for breach of guarantee. Tlio , . guarantee was denied by plaintiffs. . The magistrate said he considered aV .' .. fendant did not get what, he bargained., for. 'Judgment was for defendant °n ; the claim, thus disposing of the counter- ,\ claim, with co?ts £9 5s 6d. : ,■ ERECTION OF A MONUMENT. \ . A claim for £31, including £1 interest. , ; for the erection of a monument, was ~-..__ made by McNab and Mason (Mr. Hogg), *, / ' monumental masons, against Thomas. . ■ Carty (Mr. Player), before Mr. W. «• McKcan, S.M. For the defence it was; \ ... contended that the" monument wa s B ° b " accovding to specifications, and that the . work was not done'in an honost and workmanlike manner. Expert evidence / was called by plaintiffs to provo the , work was done in a satisfactory manner. / Judgment was given foi plaintiffs for £30, with costs £8 2s.