The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1873-11-25 00:00:00

WET MOUTH -COUNTY CO U RT.

Saturday : Before Mr. T. E P. Lehr', .11348...

STUNS

'I,-

Mr. Robert Nam v. M. Rickard Reynolds. A stone
mur luta (A Portland sunurio.ed souther merchant, of Wey -
mouth. I h done .4 amount -4:0 be 4d.--Mr. Reynolds mid
he hal 1,11.1 for to stone ; he had end • donne which had
hen accepted. and he thought Ole settl•el the whole ma. ter.
Ile had male certain de luctioa from the .r.c. charved
:s000r•hog t agreernen..- Mr Pearee's undentions los that
defendant Ira./ not out tkel to make thedulthihno -The Judge
all the ehatuee ametaatace might not be I.t en ae • settle-
ment, thou fey a ght b ace plot ,ot account. -Mr. Pearec
maid the balance os f... 4 tie. 11., for oh eh he euntrinoted defen-
dant. 11.0 deductions ha I boo, %ought to. be 4.1. pr ton t•tile
for thc at or. tb .greed 41 pot the Mono 4,11 c.rt in his
gnarly , anti th• Tux It tem 01.1,.. that hum- .ney wee due on
puttinu it On the net and thfetel ott had no right to deduct
tor road autet The amount ...ugh, to be de lueted for rod
dir.• on.. C 4 3.. 4,1 , ti,d Mr Reynolds trod to deduct the
rottuindhr for sh •rt tuesatirernent ; hut the nimamemend was
perfectly correct. One 111. wk that o•igin•lly reenturesllft I lig
Mr. Iternokle said only tateutur.l 41t., and plei•til conla
not under. nod b on block 7ft in sire could be reduced 3fl -
Mr ft• yet. Ids raid W. erten mutant •ae to include curry
eipmee, and the 2.1. per tot, Was included. -In I.llllWer vi the
Judge, Mr. Reyred le said the stone on. the delivered on the
cart. It was very common to make .uch agreenierCe, mei the,
111r11140 I the expense .4 cod tee. • The Judge conk' not
undeatan I row the defendant et.u..l tintint the road duel,
cortederinU that It wee to. he ileheeroi On Use ca.t.-As to the
nuesuretnette defemlant mid C 1 1.. Wat dedh,t.• I fr the
non,o being hum I too small ; they were niteontrol by his
f..r.man •nd allowed for ta the claw unser. The I MAN h w.
not Prment -Me. R. Pearce was politic the blocks
were Of Olt 0,4,043 t Inan.rellients, 11.1 he produr d the
rueontrentento In hi. book. H. mid that he had no it .tire
.4th. nwasurenont, belhg eirwt, no hat hi had n oppor-
tunity of lading the measurement& -Mr. Reynold. 114.1 he had
informed Mr. Parte ruprataily ; but the latter denial that ha
hal heart anything about it, except with reference to the rat
duet Ho elso pr duottl the agreement, which moved that tits
.tone was tot be delivered uto net. - Mr. Reynold. asked for
. . .

---- - - -- ---
ra I}ounuuent ; but Mr. to .ro obietted.—The Judge mkt
did not think ho "ugh( th s.IJ °urn the ease, and gave
e ~,rdki for the whhle ansount. —Plalatifi that. wort
grAnted.
IrDOlOlll suMioll/111.

St IMK )114. ,V.W. r. A ntkoay, jet. —Claim for money
sdvanced CA 10a, on an engagement that old...slant should
sail in • certain eon.. Defend ,nt lal the adValive tv4o, and
then refused to mil. -Ile now mid he could not pay ; Since
Mc he bad been knocking stamen] the beach, picking up •
eh where be could. Us He and he found the ship bakey.
and bed three mptain• In about three week.; two or
three of the Crew "pelted up." and the captain would nos
',mg them before a magistrate, but pelt them aothoni. He
had spent part of the ni oney in an outfit, as he expected he
wee going out for three years. Ile lad mince been living on
his father and mother, for he had not earned hilling a week.
Mr. OM WY against him, and would not get him wort, because
of this advance note -Plaintiff mid Anthony canoed money at
entering • vessel ; but defendant end he only got *bout 4q. to
his share -A new order was osole, for Ins. in • fortnight, and
10a. • month afterwards. --The Judge thought It would be
better for plaintiff and Mr. Cox to get the man work, in order
that he radt,dot pay.-Mr. dumb.m mid it was nothing t do
with him ; it was no use to have isflori unl., they could
depend on them.
Sperhotp v. W. U. nenisesst-Delendant had offered Sq.
per week till the to chile of Ilsostaber, and to increase It after-
wards.-4;onanittal for 14 olaya, subject to MIMI/1011 oil pay-
ment of al In 14 day., and further auspension on future
payments.
Wallis v. Offer-Deeper, of Portland, against a quarryman.
-Mr Howard appeared for pini 111, Mra Otter f r her
hatband. --It was rid that, £4 had beau paid CM 5000,111. hot
Miss Wallis depoeed that she only received al. -Tie Judge
examining the aocount, said that the 4 was • very good Units-
non ; but it was in Ink of diXOTIAII colour., and it appeared
to have been made by addlne an angle to the 1. -Defendant
strongly denied hoeing dtered the I, and said "If I had
altenci the 1 Into 54, why not have altered the 3 Into. 51 I
w0.u1.1 not have such • thing on my colisclenee."-Mr. Howard
sent for a megnifying glass, and pointed on that the additions
1. the Ito make it •4, the etrokes were added Wi'h • very
Washy band-Mr. Wallis mid that had t 4 been received
nutted of al, a stamped receipt would have been

ien.-Mre. Selien, only swear
Irma the entry, and the Judge woe depneed to give
defendant the benefit of the doubt, al ate swore very
positively to having paid the tf.. lie, however, believed
that Mies Wallis had male the mistake, not in the ism inlet,
tionally, but through fusing many clink. to make. end this
being 1.4 made at the time. -Mr. Well, mid that he uked
defenlant for the money, and she replied that bomuse he hut
aeked her for it in the street, he ehould not have • penny.—An
inter owl made furs now trial. —Defendant's wile : I have
four children and I rent in. bothered with coming here again.
-Mr. Howard sakel that the instalmento might he continued
for the bobuice, which sae coneiderable, even if the a 4 had
been paid, bleteall of al —llrs otter mid she couldn't pay-,
and wouldn't pay : she wouklirt, there now ! She didn't want
I. to. bothered to tamue burr, no she 123114 have somebody to
lmrse Ulu baby thorn she wan here. She couldn't pay inure
then to. a month —lt waii finally decided that Mrs. Otter was
I. pay up her instalments without giving trouble, end Mr.
wan, treat. give up the g. 3 in dispute.
White v. Jorvien --Mr. Rowan!' appeared in this ease.—
Claim for gll r. White, stone inertimut and fernier, ,1
Portland, saki he gold • 1.4 of stone to Mr. JonAyli, LINI wag to
receive his- per ton, delivered at the Railway station. He
delivered P according to onkr, to the Railway station, and he
had paid £2 on a-miunt ; there had been no ,ilepute, about the
Defendant did not smear but he had runt • letter,
hich the Judge said he outtld not receive. —Judgment for
plaintiff.

111 S ROYAL 110112., PORTLAXII.

The grreal ease of the day was Mut lo which Mr. George
Aord, the protein occupier./ the Royal Hotel, Porthow, toed
Mr. Abrahams Scrim., the late occupier for gat ne 161. -Mr
ttouon, of Dorchester, allowed I r Mr. Board, and Mr. fl
ed Dorchester. appeared for Mr. &riven -The
defendant had lIIIMIDOOO.I a special Jury.—The plaint set out
that by an aiffeement dMendant o,senanted 1t rant the
plaintiff km.. of .he Royal If •fiel, for 21 yea., to conlll.ll,
inon the 2.5 th of March, leffS, at £l2O. year, payable half
terlv. thtt the furniture. Mock-In-trade, and plant. should
1.;., taken by the idaintiff at a taluation ; that plaintiff Ulu In
every respect rtatly to carry out the covenant. hut the defend.
tot. rongfully refused and delayed to perform the agreement,
and withheld powlemioli Mtn the Ott May, lel The sun,
was thus made tip

C. d
Rent front 2.5 th March to bth May .. 14 4 4
Loos •4 profits, •• .• ••1 0 0
Valuer's chum° 0
I.:Nelms sad km of time. attending tile Royal
Hotel. 114th and nth March, when defendant
refused to allow the indoor to proceext 1 1 0
Rent el coach-bows 0 3 6

42 6 10
rise wee called on in the Ismer Hall, where had emembled
I it coca hirable number of the Merits of each of the parties.
The Judge made an enquiry wheth, r the matter could not he
...tiled !—Mr. Symondc said that lii point ad law, he did not
hook the action would lie, to begin wit, If • neumuniation
11.1 t then place before, he might base hem aliqmend to try
nod settle It —Mr. O. Andrews (the Hogietrar): I suggest that
You should PLY 614.--Mr. Symonds ee d the jury were in the
hot, and for an taker of the Court to auggeet In their hearing
that it was right for ono tarty or other to agree to certain
terms, we., be thought, not quite right. No wee it right in
a Weymouth ease, that a Weymouth jury Mould be the on..
to try it. Moo the names were examined, Mr. Weston mid,
" Here Sr. two Portland men whom I okiect to," teed now
they hal 10 IMO of Weymouth said two of Portland to U 75
Weymouth cum. He was prepared to prove that the plo ntiff
himself had been talking to some of the jury that monthly.- -
The Judge deprecated mob allusions, said mid If Mr. bylownW
I admitted the breech of covenant, there was only the question
1 of douts,,,ms. —Mr. Etymons'. I do not admit a breech of the
I contract Unquestionably, I deny any breath of the contract.
'I LO3 perfectly reedy to a: mtend that your Honour has no
jurisdiction in the ease at all, that it is not at all a question
of law. Upon the lane of the ',taint, there maybe. cause of
acti•al or not ; but when the facto come to be known. I sat
perfectly satiated there is not any jurballeace. The agree-
ment is net out In the plaint; that agreement wee 'roan:sling
I to be carried onto p to • certain point, the plaintiff in this
, melon then filed a bill in Chancery for nonoite performance of
the comment, to get a lease. The tome has been executed ;
my friend in this very bill claimed compensation for damagre,
the Court of Chancery has taken cognisance of the matter, and
the tancent court ban no Jurisdiction —Mr. !Ireton : In that
how they compelled us to pay rent for the occupation. and
.114 not give us preesseion.—Mr. Symonds said there Was am
' agreement for • lease for 21 years from I.dy-day,1671, the loam
I tem executed on the and May, 1071, for 21 year., commeocing
' from Lady-day, 1573, and the taldnUll entered Into neeestion
on the en.r,ni .0 of the loam. -Mr. Weston mid not until the
4th May ; plaintiff was bound to pay the rent due at Ilidesannuer,
and be asked to have that rent returned I•.r during the time be
did not occupy. —Thu Judge thought surely between man and
man that was just. —Mr. Symonds •thi it might am ear to be
right nu be ween man and man. and yet thew night be metal*
circumstance. which would lustily a man insisting on his rights
se by law. Inasmuch as this IMO commenc-d, according to
the curthant for quiet enjoyment, frost the date of the execu-
tion of the lam, he shouW like ti know wheth.r anything that
took place between Ladyday and the and or tith of May emir'
bathe subject of all &mint The Court of Chancery haring
once bad jurisdiction over the matter, would not allow, except
by its special perm anon, any o.her, our: to deal with it, except
in case, where the right to nut arises under a decree of the
Court. Hie Mend had accepted the lease without any claim
for damage,, and proceeding. in the Court of Chancery were
abandoned, as far as the claim for damage, under the breath of
c oil...mi.—ln answer to the judge, Mr. Symonds said the bill
In Chancery sea. Mill on the file, and the proceedings mold not
be removed from that Court except by taking the bill off the
file In order to protect hie client from any proceeding. of
. this kind, he had entered an appearance to the wit in Chancier.
The judge naked by whose fault was the delay in this came.
n)etonds replied there nos a g./Od del to bet 40 1,0. h
sties. The platting claimed and Ines al that orialn tinge
sh mid be done to the house in the shape of paintings and
rewire, which were not within i.e terms of the agreement.
He aftenrards obandoned that per; by the advice of hie
nolioitv,r; he accepted the loam, and there was an end if it.
The judge said be had not been able to d scorer why the
attorney in the present case accepted the team remervang a
retrospective rent. Ile should have thougnt it much tune ma-
eons tabs to reserve it from Midsummer --Mr. Symonds said there
might be circumeteneet under which • pima we. justified in
dalating Lis stria legal right.. He alao referred to "Platt on
leases, where be lays it down as a maxim of law that plaintiff
Inlet make his e'ection either to have mrcific performance in
slily, or damagee at law, for a breach of the performanee a
the contract, but he cannot hare both. The Judge refilled
that recently the Court of Clutticery can wise not only
ipecac performance •' but also damages. Mr. Symonds mid
that thy time when Hi. &len lant acientni 1, grant the lease
stranding to the prayer of the suit was the titter to my " We
must have darn ,ges ;" but having •ceepted the team, there was
• waiver of damage. The plaintiff could not ham his remedy
at law Wr damage, tow; he must go t the Court of Chaneery.
Whether the matter might be subject to arrangement wa, one
thing; hut he (Mr Bruited.) could not be drivel] into terme of
comprombm, when he felt the law wee in his favour Ile might
be silet•wed to cement to terms of nimpromise : but he thadd
not be drii in. —The Judge : I think your technical objection
lune tint ail. The proceedings are opera at the present
moment? Mr. Symonds : Yee, ; hook the precaution my.
'elf to enter an appearance.- -Mr. Weston mid with retard to
the bill, the prayer of it mu that the defendant might per-
form Mt pert of the threnant. If for any reason the defend-
slit shall be unable to grant or procure the granting of a lease,
dsleges may be amarde I. The lease wan outeliqueol le F...
but tea at the time it ought to have been. Mill plaintli
would nit have said aword about It' Inc would not have .
datum! ans Special damage,, if In. had not been can' upon '
to pay the rent from Lady-day. Ile did ea 3, it Was neat hard ,
for him to be ea/led on to pay the rent, when it was through
tya. fault of the defendant that he did not get 1.3114.40e11.
Defendant bad been actual!) rsraivlng the use and pnifita of •
the house up to the oth Ma), WA he also wanted the rent at
the atone time. Surely that WWI not equity, and for that
plaintiff *eked now. --Mr. Symonds There are no damage.,
asrording hi tour own showing. The Judge : It Is now said
that the defendant LeriVell is seeking to change rent for
premiers occupied lay bitnastf, end at the time he It 40
oceuw int. What do yea any to that, Mf. ttLeLtal .
Mr. Itymaind. That has been state,: hilt it should also lie
litotes' that there ^re other teethe to the lease ; there are mortzsganw who would lie liable to lie mod; Ido tiot know ahy
we shouts' be selested ta las suet ita preference to the other..
There may Ii t.,ioh • thing as the plaintiff himself being a
a naL3 d..er, List that may Onto the renew. why 00.-
11.4 0, Ull 4.11 the l'ith March. Itowletions bad VosTetale for
.....rtaio things being don,, labial% be himself ea. &Wool he
I lost
lowani 'that way Mr
ai'nfs:ll,..lMts:,:a.iltileitto7h,,..4traltk::.l'h'uti.hla'hb)reno":"taral.skr"n;.b7"bul_tiMltrinrt.Nynnon,la said
Mr. Ilowani must not talk about the ella• now' Mr Weston
wits solicitor in the me, nod if Mr. Howard was to he •
Kr. boriron Oen rotirod, tbo jib.* rogoolog to lisiqadima;