The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1877-04-24 00:00:00

ADJpyRI,KD CASK

Sprake v. Clexten.—.o its. 91, balance of account on the
purchase of some sheep. Mr. N. M. Leggin. Bridoort,
Mr. Hamm for defendant. —The case was adjourned from
last court : .E 1 to. 9.1, had been paid into court, leering •
set-off only in dispute. This set-off. Mr. Hanna said, was
that • load of straw should he given to defendant by
plaintiff : but when he went for it, he could not have it.
They afterwards tried to settle, plaintiff offering to allow
Ins. 93; but defendant refused to accept it. uri which
plaintiff said he would put it into Mr. Loggiu's hands.—
r. G. Claxton, a dealer of Porteshars, said in Ifc2, he
bought live sheep of plaintiff ; and was to give so much for
the sheep, hut to have a loaf of straw. which was to be
fetched by defendant from Green Down, where corn was
growing. He went for it with a horse and waggon, and
found only the stubble there, the straw was taken away.
He afterwards went to Mr. Sprake for the straw ; but Mr.
Speak° said he eould let him have it, as lie was going
away. Afterwards saw Mr. Sprake at Brblport fair. and
plaintiff agreed to allow him the odd 164. 9.1: but defen-
dant refused. ernss-examineti by Mr. Loggin : Had not
written to Mr. Sprake about it, except that this wife
wrote on the 3rd. September, 1,72. In that letter it was
said -"1 am sorry to keep you Without your money, but '
the man has not paid sue: I send cheque for £10." '
Nothing was said about the straw the.. ; a subsequent
' letter enclosed Li more, and nothing wan then said about
I the straw. Was to have a load of straw when the corn was
' threshed, and to get it from Upper Green Down. Tbe
I deal was made at Mr. Sprake's house. The sheep were not
' fat, hut old turned out sheep. Believed he and Mr. Sprake
were alone, when the agreement was made. When he
went for the straw, Mr. Sprake said he could not let him
have it. —Mr. Loggin's case was that there warn no deal for
the straw, and the defendant had riot mentioned it in his
letters. Mr. Speaks was not entitled to make such •
bargain; but be supposed be had mimed the train, for Mr.
Sprake was not here.—His Honour said there was no con-
tradiction to the set-off. —Kr. Hanne claimed £2 10s, for
Ike etreW : he had paid the rest into the court —His
Honour gave judgment for defendant with the coats of the
day.
Wallis v. liello.—Claim for £9. -Defendant admitted
£5 10s. —Mr. Howard for plaintiff—Mrs. Wallis, the
sister of Mrs. Royal, let a house of Mrs. Royal's to Mn.
Kelly, and they said 1; 10s. has been paid.—Mrs. Kelly
claimed to have paid £3 10s. to Mrs. Wallis on July 3, in
Thomaa-street ; but had no receipt. —Mrs. Wallis denied
having received the £3 104. : she always gave • receipt.—
Mrs. Kelly sa:d the reason she did not have • receipt was
because she had a talk with Mn. Wallis about lowering
the rent, mad Mrs. Wallis had sickness in her house,
plaintiff was to vend the receipt. —Cross-examined : She
did not get • receipt afterwards, because she heard from
Mrs. Royal that she was to pay her (Mrs. Royal) as Mn,
Wallis worn at Broadwey with her sick daughter.—Def end-
ant was repeatedly asked why she did not tell Mrs.
Royal that she did not have a reueipt for the £3 104., and
said that she told Mrs. Royal
bt.,ti the receipt was not
, [Loren I:Jd.res Ifieter her h
she ght."about the '3.:xld J?.lll7nTrn.
Howard's are was that the £3 10. had never been paid
to lira Wallis, thee had she ever heard anything about it.
—Mrs. Wallis. being sworn, said she left Weymouth on
the sth Junk and retanapi in October; she might have
come back to the town for something for her invalid
daughter, but she never saw Mrs. Kelly, or had the
iFYer
—Mra. Ragal, the owner of the house, said that
did set bill her about the receipt being due to
Iles bed Bever, received £3 10a. from Mra. Wallis
'rs. idly, awl the latter promised to brine bee the
r...aM .bat .apibuit she did cot.!.se. ait said lb. would tub.
her
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