RESIDENT MAGISTRATE'S COURT.

Taranaki Herald, Volume XXXVI, Issue 7988, 5 October 1887, Page 3

RESIDENT MAGISTRATE'S COURT.

Tuesday, October 4.— Before C. E. Rawson, Esq., R.M., and R. Parris, Esq., J.P. A PIANO CASE. Harriet Brown v. Gabriel Morris Brasch. Claim, £14 for repairs, etc., done to a piano, which when bought was guaranteed a good one. Mr. Standish appeared for plaintiff, Mr. Govett for the defendant. (Continued, from yesterday.) William MansoD, of Collier & Co.'s, gave evidence in reference to the condition of the piano. This closed the evidence for the plaintiff. G. M. Brascb, the defendant, gave evidence to the effect that the pianp was alwayß considered a good one when in his shop, and that, consequently, he recommended the piano to the plaintiff. Had he been asked in reasonable time after the ourchase, he would have rectified tbu instrument. Charlotte Retford gave evidence as to the condition of the instrument when in the shop, her evidence being a corroboration of tbe defendant's. This olosed the defendant's case. Mr. Govett, for the defendant, contended that the contract was between Mr. Brown (not Mrs. Brown) and his client, and that the proof of this was the letter [put in] from Mr. Brown to defendant, and the latter's acceptance of what was therein. Mr. Brown should, therefore, be the plaintiff, and not Mrs, Brown. As to the warranty — there was none in writing — but it was contended that his client in recommending the piano bad thereby given one. He recommended in good faith, which could not be construed into giving a warranty^ Mr. Standiah leplied at length to the points put forward by Mr. Govett. He considered there was a warranty — if not a written one — sufficient to bind even for twelve months. His "Worship upheld Mr. Govett's objections, and gave judgment for defendant, with costs £1 Is. Mr. Govett only claimed part costa. i The Court adjourned.