RESIDENT MAGISTRATE'S COURT, WELLINGTON,

Wellington Independent, Volume XVII, Issue 1842, 14 March 1863, Page 3

RESIDENT MAGISTRATE'S COURT, WELLINGTON,

Before Henry St. Hill, Esq., R.M. Tuesday, 10th February LUNN v. RIDDIFORD. Mr Bot'laae for plaintiff, Mr Carlyon for defendant. An action to recover the sum of *834 2d. 6d , the damages sustained by plaintiff by the nonperformance on the part of defendant, of an agreement as set forth in plaintiff's particulars of demand as hereunto annexed, (and as follows.) The plaintiff seeks to recover from the defendant the sum of £34 2s 0d by way of damages. For that the defendant did, on or about the Ist day of October last, undertake andengage withtheplaintiff, to put forthwith to his horse Antidote, teinnares, and to pay for the same on or before the 31st day of January ensuing, at the rate of .€4 45., for each of five of such mares, and £2 12s 6d each, for five other of such mares. But defendant hath not up to this time sent any mares to the horse of the plaintiff as agreed upon, whereby plaintiff has suffered damage to the amount of £3JL 2s 6d. William Lunn, sworn. — Ia plaintiff in this action. Lives at Trelissic, near Wellington. Has an entire horse which stands to cover. Defendant sent 10 mares to that hoive in the season 1861-62, for which he had paid witness £±0, At the commencement of the season, defendant's son Edward, had an interview with witness, with reference to certain mares defendant was to send to witness's horse, (at this point of the case, the Court having asked if Edward Riddiford, defendant's son, was to be called as a witness, and plaintitl's solicitor having intimated his ignorance, that defendant would repudiate his son's agency, requested an adjournment, of the caso, to obtain the attendance of that gentleman.) Case adjourned to the 24th day of February 1803. Tuesday, 24th February. J Mclntosh, sworn. — Is a settler living at Wellington. Remembers purchasing an entire horse from him, about four or five months ago. At the timo that the purchase was made, defendant demurred to the price, intimating that he had mado some arrangement with plaintiff about his horse, and did not care about purchasing witness's horse. It is now so long ago, that witness forgets what passed. A witness not having been subpoenaed, ease adjourned to the 10th March,- 1863. Tuesday, 10th March. * Edward Riddiford, sworn, — Is the" son of the defendant in this case. About the Ist October last went to Mr Lunn to see what arrangement ho would come to about some uiares of defendant. Witness proposed to Mr Lunn that he was to get some of defendant's mares put to the horse Antidote. Witness's father instructed Mm to go there. Was at the Hutt when defendant and Mr Mclntosh. weio bargaining about the purchase of a horse. Thinks it was the same day, but is no certain, that ho went to Mr Lunn's about tho mares. The agreement witness made with Mr Lunn about his father's mares was that he was to make some deduction for the grazing. Manages his father's station, and has offered some of the sheep for sale. Whatever he has offered has always been subject to his father's approval. By Mr Carlyon, — Is SO.years of age. [Mr Carlyon on part of defendant contends that as the plaintiff rested his case on the authority given by defendant to his son, the witness, to make a contract about the mares, and as that son was under age, any contract made by him would be invalid. The Court wished the case to be proved ad interim,] Has not tho entire control over his father's station. Had no authority to make a final agreement with Mr Lunn about the mares, until his father sanctioned it. Does not recollect any particular reference to the horse Antidote in the conversation between Mr Mclntosh and his father. Re-examined, — His father sent him to see if ho could make any arrangement, with Mr Lunn. Daniel Riddiford sworn, — Is defendant in this case. Hia son is under age He is manager of witness's station, but has no power of making sales without his first approval. Sent him to plaintiff to see if he could make an arrangement about his mares as six of them had missed. He told me of a proposal that had been made to him about the mares by Mr Lunn, which witness thought preposterous. Received the note from him, dated 10th November last, was absent from his house when that letter arrived, and replied to it as soon as he received it. By Mr Borlase. — Does not recollect the date on which ho replied to that letter. It was very likely, six weeks after its date, that he replied to it. Edward Riddiford was present when witness and Mv Mclntosh were talking about the purchase of a horse. Swears that he said nothing to the that as he had engaged with Lunn about his mares, he COUld nofc give bo much for tho horse . Had no communication with Mr Lunn except by letter, Does not think he informed him until about the end of December that he would not send him any mares. William Lunn, sworn —Is plaintiff in this cage' Mr Mclntoah communicated to me some conversation about Antidote, that he had had with Mr Riddiford. Advertised for a limited number of mares to Antidote, but did not state the limit, Judgment for defendant, with costs, 21s. and BUbpwna. with mileage.