The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1871-04-18 00:00:00

DOSCHEBTBIL COUNTY COURT, THIIIIIDAT.
Before T. & P. Lefroy, &eq. (judge).
ALLSOIO maw sr • YAWL

Dowding. tumor, of Gillingham. V. Haim, throw.
of tbe maw pariah.
Mr. Butapto appeared for plainUM,lmatnacted by Mr. Elwyn,
solicitor, and Mr. ?footle &leaded, instructed by Mr.
to thio cams a Jury was sworn for the purpose of dactart
Wu amount of demotes. If any were due to plaintiff on
of an alleged fradulent transaction by dedeant on the sale
of diren herbage, feed, hr., purchased by plaintiff In Dec.
. .

'lir. Burnous opened the saes by a lengthy address, in which
be detailed the following facts. Ddeadant and plaintiff were
both farmers, and living in the mune inunedide neighbour-
hood ; both were also rather extensive breeders of stock. In
coneequencei of the dry mason of last. year, feed, as the Jury
were aware, became exceedingly short, end, defendant in-
timating to plaintiff that he hale quiinUty of herbage, haulm,
ha, for disposal, the latter proceeded to ddeadant's premlem,
where he was shown the herbage of about ISO tures, mine
wheaten 'Mow sad wheat " dim" (the tops of the draw),
together with e quantity of pea haulm retch baulm,and barley
straw, in • stick in the yard Several conversation. ensued it
various periods, which would be shown in evidence, sad
finally the whole of the feed was sold for AIR. This stack,
be would have Um Jury par ticularly mark, was the chief cause
of the present motion, as on plaintiff opening it for use It WIN
found to contain in the centre a mue of melees straw and
other fano yard rubbish, cased round the sides of the Meet
with swell of pm and vetch haulm, &bora three feet thick,
with. shallow layer of barley straw at the top of the rick to
complete the delusion. He should call several witnesses to
prove the truth of the Individual pignut of the fraud, amongst
whom and the cove conspicuous would he two men—Bargees
and caaway—alio, by defendant's directions, cut eway the
remaining portion of an old rick which had suffered from welt
also by defendant's orders, piled the good portions of it
in the form of • hollow enclosure, into which defendant told
them to throw sufficient refuse to ill it within a few feet of
the top. This was done, as he had before described. There
was a law in the ere flthtute book termed camel enter,
which Inferred that all transecUan. of selling and purchas-
ing the buyer mint look out for himseU. But at the some
time there wee and meat be on exception to that law, In oases
where the buyer can only see the outside surface of. mess of
merchandise of any description, the sante toeing warranted SO
hint sound throughout In the present action they would
, hear the stack was warranted not only once, but repeatedly,
, by defendant, who Nimrod plaintiff that it wits the sand—pea
haulm and vetch haulm all the way through.--a
, gr. Ffooks here asked if any *item contract had been
, signed respecting the transaction.
-To this Mr. Rumpus replied in the negative; no species 01
I writing had mewed between the ponies ; but, as he had before
said, the worronty was verbally repeated again and age., sad
that warranty was broken—as they would. presently bar to
their full satisfaction. As they were fully aware, the quailed
at issue was ea to the awording of damages and the amount.
Piddle had agreed to mom* •30. That was not the foU
amount of the loss but that was as much as eould be claimed
In a County Wert lie then called
Mr.
Willin'rn D°Wdlag, who said' I am • fanner and agile
dealer, livlng at (Mulngsa, The delendsat is also 5 farmer
In the neigh urhood, rig about 1,200 or 1,200 acres, Is
November last defeodant came down to my house about seem
other matters, end eukedme to buy this hood I went down
and found the feed he named to comb* of old wheaten straw,
" (tope of the straw), ems ma and vetch Mules,
ths en some tleide—the run of about 260 scree,
which had been drained recently. Defendant then offered to
sell the whole et the haulm and draw et 412 Per kie. and to
give the feed for nothing. In the rick dee about 40 or 50
tom, and the remainder completed of about 23 tons. He
offered to Id Kr. Godwin value It at /12 per ton altogether
be the course at the coavereiiion that ensued defendant said
the rick alone wm worth Mae. • question then oecurred be
me whether the rick was genuine throughout, and I asked
Isles what caused him to eut ott the ends of the rick, I alio
asked him if he would warrant the rith to be the mane
throughout as what was visible on the °Weide. Ddendant
will warrant it the wee oil through" I theti
0 I take your word, as it not I Mall have. hole mg
through it." He replied "You ow" I asked him bow it
was harvested, and he said " Without any wet' We did not
cones to terms on that acceded Imw him spin at Coo-
relaelor;vo Xovember Ph DekevleAS mUd me egath W hap