The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-04-13 00:00:00

WEYMOUTH COUNTY COURT.

SATITIDAT.—Before T. E. P. Leiroy, Foe., judge.
A Best CUM.—Per/saws v. Systoluta was an action
by a builder, he., of Charmiester, against defendant,
who lives at Upway. for £3 15.., belanott alleged to be
due for rent of house in Upway. Mr. R. N. Howard
appeared for defendent.—Plaintiff alleged that defen-
dant left his house in September, owing the balance,
and when be applied he could not set it. —Defendant
had paid some money, and said that nothing was due,
as he bed paid all the rent, and produced a receipt ; but
plaintiff said this wasa payment on account, and said
he had put "on account" on the receipt. On its being
shown to him that the words were not there, be said
the receipt was made out by hie son, bet he algn.d it.
He entered this rent account in his ledger, and on
making them up found that 1.3 15e. was due. It
appeared that the rent had sometimes been received
by plaintiff's wife and sometimes by Mrs. Warren
of Dorchester, as it was too far for defendant or his
wife to go from Upwayto Cbarminster, where plaintiff
lived. Defeedant had heed many years in the house, and
when be left, although Kr. Perham seems to have told
hint he ought not to leave as he (the landlord) had gone
to the expense of • new furnace for him lately, there
was no attempt to distrain his goods for the rent.
Mr. Perham spoke of the book where the amounts
were entered not as a ledger but a pooket•book, and
ultimately the Judge said he must have the book pro.
&toed, and as he thought it lather a doubtful come, he
advised plaintiff not to proceed with it, U he font
on examining his books that it could tot be mistake.
torily proved .—Case adjourned, the costs subject to
the dual result,

Cheap bat not Good. Cox v. Acott was an
action brought by a cabinet maker, ho., against
the principal messenger of Portland Convict
Establishment, to recover £3 18a. 94. balance on
amount for furniture sold and delivered. Defend-
ant bad already paid En —llr. G. B. Weisford
appeared for plaintiff, and Mr. H. N. Howard for
deelat —Mr. Howard said his °see was that they
were thoroughly deceived in the quality of the goods.
—Mrs. Case said she assisted ber hosbend to looking
sitar his badness, and one evening haott came to their
shop, and purehased some ankles, after beating down
the price. He saw all the goods, except a spring bed
and heir mattrem, which were to be made, and which
with two pillows and • feather bolster, were to *oat £5
This was • cheap price and beet articles would cost
£8 but they (plaintiffs) used the ordinary material
for that description of goods. Mr. kcott grumbled at
once, and did not pay but E2o.—Crostoxarnined : The
goods were delivered on October 12, 1867. They never
weighed feather bolsten ; but 'barged in the lamp, se
IS could easily be known if they were full.—On the
suggestion of his Honor, Mr. Howard admitted
the delivery of the goods, and proposed to put
defendant into the box to show what fault be found
with them. He quite admitted that Mr. Aoott
went into the shop, and saw some goods; but the
question arose as to the prima. Kr. Ateott was almost
the oldest offleer in the Portland Convict Establishment,
and if a question arose as to the language used in
plaintiff's shop or the repreeentations made there, it
would be • question of credibility. His client did not
dispute any honest debt, or that the goods were delivered

afi hig uarters, and on plaintirs saying thet he woe
sxtoissfr shirt of es.h, he paid hiss ; but he Ind
always the fakers of the price, and coosider.
able soneemenithes bad palmed about it. He bought
theme enlister Is prepecutlon for his marriage, and was
told that the table was • good, useful, serviceable
artiste ; bat it game to theme shortly after. The bed
wasl4 Mabee too short, and • chest of drawers gold at
£4 they were told was of said mahogany and very
strong, and although Ile Aria* thought he had bought
something to last his life, it turned out that they were
slop male. The top of the marble washstand came off,
• towel horse came to pieces, and • commode before it
was aged. Mr. Aimee baked Mr. Cue to take back the
thinp, and let these have proper articles, when he
would pay his the mosey • bat he wanted the sort of
goods be had boadfide bought. Kr. Howard contended
that it was not • case to left to a cusn's judgment.
If he gave £5 for • watch that was only worth £4, it
was his look-out indeed ; but if be went to lay out £5
and WU sold a watch which he was told was a good,
strong, lever watch, but found out that it was • watch
with bth works, would not keep time, and only worth
• pound, thee he could recover against the person who
sold it him. —Mx. Aeott said he was principal messenger
In the Portland Convict Establishment, and tad been
there over 21 years. In 1867 he was coing to be
married ar d went to Mr. Case's shop to beiyoertain articles.
He stated that be wanted goods to the amount of EOO,
and would pay ready money; but he wanted goods to
the full value of his money. He told Mr. Cue what he
wanted, and looked out a certain lot of articles. He
saw • coach which he did not like, and Mr. Case told
him to Dome to his house, and there showed him a good
horsehair south of good solid mahogany. Some of the
hogs were wrapped in canna, and plaintiff gave his word
for its goodthes. Mr. Cue showed hiss • chest of
drawers, which he said was home-made, and coot £4 41.
They were stood op surrounded by furniture, and
witness mould only see the front. A bed also was said
to be of the best quality. Witness had no idea of the
value, sad said he wanted • good strong mattress, stuffed
with good horsehair. From his experience at the prison,
he knew there was • very inferior quality of liorse•hair,
and wished to guard against having that. Mrs. Case
came over and gave her advice. When the goods were
sent to his quarters, the mattress had been damaged by
the cart wheel, and was 14 inches too short.—Mr. CASS
said it would stretch by lying on it; but it would then
be too short, and be would send • good bolster to make
op
the length. After using the mattress, they fund
the bed, the blankets, and the room got cowered with
short hairs, and witness saw Mr. Case about it, but,
after abusing him, be (Case) told him it was stuffed
with pip hair I The hairs still continued to come
through and got all over the room. A towelborse he
bought came to pieces; it was delivered after • wet
afternoon, but it was not merely unglued, but the top
was broken off. He had bought a toilet glass, but had
one presented to him, and got from Mr. Case a commode
in place of the idea he had bought; but this on being
opened, fell to pieces directly. The table was sold,
like the drawers as home made, very strong, and as
good a table as there was in the shop. Afterwards he
found it was not level, and seat to Mr. Case, who
promised to rectify it, and sent a boy who put on some
bits of veneering to keep it upright; but be made it
worm than before, and when they were at dinner the
top came off and he nearly broke the dinner service,
end when he used hot-water plaice the pert beneath
became black. The marble washstand's top came off
before he had it a month. One morning when his wife
was !Fitting on the oouoh it fell down, and be found
there were no feet in the castors, and in the horse hair
(veering there was • seam from top to bottom. When
he spoke to Mrs. Cue about it she told him it was not
stuffed with horse hair, and he felt very much taken in.
but Mr. Case only laughed at him, and sent him insult.
log baleen. A month before witness was married Mr.
Cue said be bad • bill of £5O to meet, and asked him
to let him have £2O; but witness refused while his
things were in that state. However Mr. Giese promised
to exchange the table, drawer., and couch, and make
good every defect, and witness let him have the money.
and was now reedy to pay the amount, when be had
fulfilled his promises.—Crosa-examined He had this
things in October, 1867; but it was in Mr. 011/0.1 power
to settle the matter long before. Did not say he wanted
So have the things for the lowed money, but that he
wanted good articles for his money. Never tried to
beat down the price, said be wanted the lowest price for
ready money. Did not know Kr. Case look anything
off the price except for the drawers; but he went round
and said "flit is the lowest price for ready money."
Witness endeavoured to get the things as cheap as he
could. Knew of drawers being made of solid mahogany,
and had sold • pair recently, and they were of modern
make. Had no idea of veneering, if a thing WU cant to be
of solid =simony. Had not sent the goods back, but had
offered to do so. Had the things in his house &fortnight
or three weeks, The £2O was toad under protest. and
plaintiff said be would take the goods back if he paid.—
The Judge did not think a man was bound to return
pods leaving himself without any daring the time.—
Witness continued: Did not think Mr. Case said in chaff
that it was pig's hair. Be began by saying he had been
very ill, and witness sympathised with him, and was
astonished that he should have flown in such • rage.—
Mr. Howard : Pigs' hair is remarkably abort, isn't it'—
The Judge: And not very elastic—(lstighter).—Mr.
Reward (aside): It is • piggish effair—{renewed
laughter).—Mr. Andrewe, upholsterer, of Portland, said
Mx. Aeott's goods were not of the best quality by • long
way. As to the hone hair there were four better
qualities than dila—The Judge: Is it such horse hair
as might grow on • pig T—(roars of laughter). Witness
said it was not quite so short as that. There was •
quantity of it in the blankets ; but he did not know
what difference it would make in gleeping—(laughter).
If any one had asked him to make suck a thing he would
have declined the order. A good article would cost
about £B. As to the drawers he could sell a similar
pair for £3 10a "Solid" mahogany drawers would have
the fronts solid, bat not the inside, and either Spanish
or Honduras ought to be specified. The value of the
goods supplied Mr. Acott he estimated at £2O or £2I. -
The witness-was cross-examined at some length ; but the
judge expressed his opinion th.t his evidence was eery
fairly given.—Mr. Case, the defendant, said when ben
wife sold Mr. Acott the things be saw them all but the
mattress, the price was stated and he beat them down.
Witness did not represent them as firth-class article.'
It would be 'hilted to do so. They were only valued
for the price paid, and nothing was said about the make,
atheist he believed so; but could not swear to the words
mit waa two years ago. Would swear Mr. Aeon did not
say he wanted good useful articles for the price. Mrs.
Cue told him the prices of superior articles. You
could have • chest of dr.wers from 30s. to £6 10a, and
for these be had charged a fair, tradesmanlike price.
He drove them in himself so as to bring back the
money. de refused to take off anything, and rather
than compromise he preferred to come to the court.—
Mr. Howard : We never offered to compromise.—
Witness continued that when the complaint was fist
made he sent in an apprentice and after wards • man,
and all that was wanted to the table was to .crew it
up, and the towellione was unglued—ten minutes
work if be bed a glue pot—By the Jugde: Did not
may anything about these being ice's ear articles—they
were value for the money. The drawers were made by
himself, the other came from Loodoe.—The Judge:
Did they come from" Tottenhem Cann Road
Witness said they could buy where the Tottenham
Court Road people bought their goods.—Samuel Martin,
I workman of Mr. Ouse's, said he was gent into
Portland tone what was the 'setter with a 100 table
and • crouch. He screwed up the table, but could not
see whet was the matter with the oouch,and came away,
but be had not seen Mr. or Mn. Scott there. The table
was decently constructed- he had mean many better,
and main worse. The Judge said he hod quite made

I

up his mind. It we. a case where the plaintiff smut
into a shop and asked to be supplid with good useful
furnaur.., and be must take it at bid risk, he believed
thc.e was a representation that it was useful and
Eol. Therefore so far defendant was entitled to his
dgnomt But as to the real value, his own witness
d s-ino doubt as to whether the cane did not amount
to 1000 than 21 guineas, That was amuming that it
wan supplied properly, but it turned out that the
assures.; was of short hair instead of good horsehair.
Tbui reduced the queetion to one of • very few shallop,
and on the whole he thought the verdict ought to be
in hvour of defendanta, but in eonsequenoe of its
rum mg so fine, he would adjudge that swab party paid
thei own meta.