The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1863-03-31 00:00:00

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Nllll PRIEM COURT.—llosclay.
Wars Yr. 81LIZANT SIMS.

Wugarza v. Parrre.—lfr. floatage° death,
and Hr. lloyn were estinsel for the plaintiff; and
Yr. Collier, .C., and lir. E. N. Cox for the defendant.
Tbe plaintiff lila declaration charged defendant with
laming entered his dwelling•honse, mimed hie goods and
mid them; alma that ha detained an agreement belong.
lag to the plaintiff, who further claimed for certain eon -
iniMou due ni hail upon certain worh, according to the
=al. in answer to this atdendaat paid CO6 in
rt as damages for the Interim, and titit 900,
plaintiff had amepted. With regard to the rest, defen.
lank denied the charges, and pleaded • set-off, on which
plaintiff joined iseue.—Mr. Yonkers/ Smith stated the
ewe. He said plaintiff was an engineer residing at Oxford.
sad defendant • lace saannfacturer and an agriculture'
implenseat maker ie • large way of bushman Chard. The
plaintiff being as nevem of skdl, sad having made seve-
ral invention,defiesdant was anuses to have the benefit
of his services as foremast of the agricultural meshinery
business, and accordingly an agreement was entered
into between them on the 22nd of November, 1800. It
wu in respect of claims arising out of the agreement
that the present action wax brought. The agreement
was that Wheeler should eerie defendant for a period
if two years, attend exhibitions, fairs and markets, and
go on journeys foe the We of machinery, the defendant
paying the travelling expense.. The plaintiff was also
to be ready at aq times to do soy worh *kWh defendant
might eell upon him to perform meording to the best of
/Instill and judgment. any itivaistlon made by the
pidlatiff wee not on say sanest to be offered by him
for eels until it had been offend to &fondest and re-
futed by him. There was a clause providing for !bade*
performance of the arreenient by whin the plaintiff
was hound to pay the sum of FLOOD as liquidated
damagee in the event of his breaking his pert of the
=rt. He was to receive as remuneration a lead
aand the pinned inducement to him to enter
Into the agreement, wane oomeilesion upon the machine
and urathiaery sold. His wages were to he de a-week
for the Ircl year, and 50a. sweek for the mend, and
the co.misioe was to be one per *ant on !tit
the omainissiou befog paid yearly. It was also
that plaintiff should °soapy • manage rested Is7=
dust No rent wee mentioned up to the time when the
agreement etpited, it being understood that the rent
was to be paid out of the sum aeareing to the plaintiff.
When the aftvf aunt Pltielif 11,0ei to le;
&et and asked lot- • i.4bn4eotolhlbaneget,
had Inn two copies of the agreement, bet only 9000 V
then was signed by both parties, and that wee Is Me
poseenee of plaintiff. Defendant aged for the agrev
meet, and plaintiff allowed him to
nban n
va it. The plaintiff
was deilto j t i due
to his, but defendant refused to tell him, and said it
would be babe plastid should stoic his demands, and
n mangented that the rent of the widen
be spinet the commission, the rent being
and at per annum. Plaintiff acmaidesed this
net annamnahly high, and would not consent to pay
It He &summand to have the agreement back. sad
defendant dimaima Is give it to him. Plaintiff not
fsiorstedViVetaelendant took the advantisge of his
pills • &Weis. tor utti, bitt
ever, be had pad MS into Court, and thereion
I pert Mae am was at an sod. Defendant had retained
some esallage, worth CY belonging to plaintiff. Then
I had been an absurd clans set up by defendant for •
I penalty of El,Coo,wlsieh plaintiffby the isgreemendwee to
pay. es liquidated damage, for any breech of tonsamt,
but the learned judge would tell the jury that when the
amount of penalty or fine was out of all proportion, the
law would mot regard it as liquidated damages, bet
email require the 'anal *mount of damage to be proved.
—Several witnesses were oiled to peeve the facts con-
Mined in the above statement, after which Hr. Collier
replied, and mid it was unfortunate that this ease bed net
bma settled nit of boon, and thm ea
Jarred a good deal of
money front gdin into the e 64 of NM layers, lie
Wanted the Oiintlff for Do accepting the Jar of set.
linnet wade by the defendant. He entended that
plaintiff had failed to make out his ens, and said that
Mere was scum of £lO due os Use castings, aad orm-
sequently he was justified in retaining them. He also
said that though he had dietrained upon *hairs
goods, defendant had paid LSO for it, and was Mill ea-
taw to claim the rent, whin had sever ben paid.
The plaint/ had, moreover, been ablest without leave
on several minions, sad was men disappointed with
his, he not being a practical wee. Defendant and two
or three other vitamins having beea maanissed, the
,case was adjourned until Tuesday.