MAGISTRATE’S COURT

Otago Daily Times, Issue 18468, 1 February 1922, Page 3

MAGISTRATE’S COURT

Tuesday,. Jamttaby 31. (Before Mr H. Y. Widdowaon, S.M.) Judgment by default was given for plaintiffs in the following cases: —Alex. Garden v. F. W. Nee’s (Auckland), claim £2l 2s 6d, for meecgp’s goods (£1 10s); Hilliker and Co. v. Deab Idour, claim £4O, for footwear (costs £4 2s 6d); A. and T. Burt y. John H. Carrodus (Windsor), daim ‘£l3 14s 9d, for hardware (costa £3 6s); A. and W. Fraser v.: Mrs B- Donkin (Auckland),, claim £5 8s 9d r for sdftgoods (costs £1 3 S 6d); J. Wilkie and Co. v. Graig and Co. (Christchurch),, clahn £2O 3a 9d, lot stationery (costs £4- Is 6d). _ ■- ■ Judgment Summons. —Dunedin - and Suburban Mutual . Money Club v, Wm. Agnew Miller.—Claim : £8 10? Id on a promissory note.—Defendant did- not appear,..and an order was made fpr payment of, the daim, with costs (10s), in default 10 days’ imprisonment, • . - Sale of Potatoes.—Soott Bros. (Mr Ward) proceeded against M/Kay Bros. (Invercargill), who were represented by Mr F. B. Adams, r The claim set out that defendants agreed, on September 12, to supply 20 tons of prime Sutton's Supreme table potatoes, frog, on rail, at Tewaewae.Jor whiph. plaintiffs agreed to pay £45. In consequence of defendants’ failure, to deliver the potatoes plaintiffs were deprived of profits, and further suffered damage, os they were com-, pelled to purchase other potatoes at an advanced price to fill sub-contracts entered into by plaintiffs ,on the strength of defendants’ remenfc to deliver. The claim under head was £ls, £ls being claimed as general damages—Mr Ward said defendants agreed to. supply 20 tons of potatoes, free on trucks, at £2 ss. The potatoes were not delivered. Plaintiffs had entered into sub-contracts and had. to obtain others in cases whore they could not got their customers to cancel their orders, Counsel 1 explained that the question in dispute was the. assessment of damages, and proceeded to argue on this point.—David Scott ,a partner in the plaintiff firm, gave evidence that it. cost him £4 a ton to replace 10 tons of the potatoes. Railage between Tewaewae and Dunedin was between 18s and 19s.—Mr A'/Urna called evidence to show that defendants. when they found they coujd riot coriiplete delivery of the specified line'of potatoes, offered defendants another line of equal quality, and that it was a common thing in the trade to substitute one for another in this way. Defendant’s however, refused the offer, and an immediate demand was made for £lO damages.—The Magistrate said he was satisfied that, while there Had been a breach of contract, it was a bare breach, and one from which no damage arose. Plaintiffs were offered of equal quality which thev themselves bought later to mreply tbeir clients, but they refused them. He was quite satisfied plaintiffs were not entitled to one penny of damages.--Judgment for defendants was given, with Invercargill costs |£3 8s) —the .case having been partly heard there— costs (7s). witness’s expenses (I6s), and solicitor’s feo (£2 2s).