The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1883-02-27 00:00:00

COUNTY COURT.

FRIDAY.
(Before Mr. Serjeant Tindal-Atkinson, Judge.)
JUL/GYM BUIIIIOIIfIIS.
Several judgment 1111,00300P01 were disposed of by
hi. Honour at the opening ul the Court.

BREACH OF CONTRACT.
Samuel Skinner, of the Fox and Lamb, Holton,
v. James Burden; of Wareham. Clam for £1 16s.
for • breach of contract in rippect to • certain heifer.
Mr. H. Bamford, of Wareham, oPO,nred fir
plaintiff, and Mr. P. B. L Bodge, Fools, for
defendant.
Toe summons was originally booted in the name of
Cutler, who is the step-an of Skinner, but his
Honour ruled that Skinner should be the plaintiff, and
allowed the summons to be emend-d.
William Cutler stated he lived at the Fox and
Lamb. Skinner gave him ioatruadons Xi sell a cart
for M. He saw Bar ten on the 22nd of November
and told him that the cart was fir sale, the price
being £6. Burden sad it +met worth that, but he
would " chop " with him for a heifer that he had. He
asked what be would give him "to boot." Defendant
said gi., but he actually gave him 7s. 61. Before he
made the "chop" nothing was said about the quality
of the heifer, except that it was three year. old and
that it was perfetly sound. lie brought the boiler
home on the next day, buy. at the time he told him it
wasn't in the same conditi in that he said it via. It
was very poor, and be had a job to est it home. The
heifer died on the 29 11 of November. It wouldn't eat
while they had it. It kept on drinking water all day.
Ill' Honour : As rt of test its! ? (Laughter.)
Cram-examined by Mr. Bulge: His father was
aeleep while the deal was going on. When he t ,ok
the animal home be cut up turnips for it, but it
wouldn't ,at anything. He nuns in to Mr. Bur lea
an I gild him it wouldJl eat. He ked defend-
dant £6 for the cart, he only told him that was what
he wanted for it. Defendant told him the heifer was
worth ElO.
Hobert Weeks, • shepherd. stated that on the 22nd
of November he was in lie For and Lomb when the
deal was going on. He board defendant say before
the deal was completed that the heifer was per-
fectly sound. He saw the heifer bought. He
saw such an objets) in his life. The heifer died In five
days afterwards. He saw it when it was cutup; it
was all skin and bone.
By Mr. Bode: He never heard Burden say any-
thing about the heifer 'attain./ from " chill." The
cart was • very good one, but he knew nothing of the
value.
Samuel Skinner stated he kept the Fox and Lamb,
Holton. He first saw the heifer on the 22nd of
November. When brought home it was very poor from
disease, and it would not take food. The heifer died.
He did not call in a eateries. y surgeon. It ate
scarcely anything, and was always drinking.
By kir. Budge: Ho was in the room when the deal
wee made, but he was saw. The wet belonged to
him. It was a new cart, made aft.r Wooibury.lllll
Fair, by Welletead, of Winterborne Kingston.
Br His Honour: It he hod beg off trod • £5 note
for the cart be dared say he should take It.
His Honour at this point sugiseted that doleadant
should accept • verdict of £3 15.. La view of the
warraoty.
Mr. P. B. L. Budge, having consulted with his
accepted this arrangement, and • verdict was
given for plaintiff, £3 10s. and oosts.