The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-10-11 00:00:00

COUNTY COURT.

Haws and Ifirktan v. Calls and Son.— At the
County Conti, on Thursday, before Mr. Underhill,
*Deputy-Judge, this was an action to recover the
sum of .£1 125 11d, due for goods sold to the defend-
ants. From the evidence given, it appeared that the
plaintiffs, who are nail manufacturers, of Halesowen,
sold to the defendant, who is an ,-onmonger residing
at Live-pool, it auautity of goods, and it was the
custom of the firm to allow 21 per cent. o,scount for
payment within three months. The credit time had
expired, and the defendant gave plaintiff a bill, less
21 discount, and it was argued by plaintiff that only
11 was due, which would make the balance ...£1 12s,
the amount being sued for.—The defence was that
Mr. Gee, who was at Liverpool, had arranged that
21 should be allowed, and that he had letters in his
posseasiou to that effect. As he had not the letters
with him, an adjournment was asked for, which MILS
panted on defendant paying costs.
Griffiths v. Felnkley.—This was inn action brought
by the plaintiff to recover the sum of Ws of the
defendant, for injury caused to some timber a yard
on defendant's premises.—Mr. Prescott appeared fur
the plaintiff, and Mr. Collie for the defendant.—From
the evidence of plaintiff it appear that he is a cooper, :
and rents a yard in Enville-street. A quantity of
timber seas injured by defendant, who claimed to be !
the tenant. Evidence for tho defence went to show
that the land in question belorged to plaintiff, iind
his Honour gave a verdict accordingly.
Hawkins y. Skidutore.—JU RV CASE.—This Was
an action brought by plaintiff who is an auctioneer
at Bricrley Hill, against the defendant also of
Brierley MP, and who formerly kept the Bell
Hotel, for the sum of .£2l 3s for work done. Mr.
Homer appeared for plaintiff, and Mr. Corser, of
Wolverhampton, in,tructed by Messrs. Houlfray
and Holberton, for the defendant.

_
Mr. Homer, in opening the case, said that the
defendant formerly kept the Bell Hotel, and
and wanted to leave it and engaged defendant to
let it ; and accordingly inserted advertisements
in the Birmingham and Worcester papers, and
that the charges were £4 180 6d which had been
paid, less is 6d overcharged. Plaintiff had also
been to Dudley, Oldbury, Birmingham, and other
places to see parties to let tne house, for which
plaintiff had charged £l5 15s. Defendant had
put in a claim as a set-off, one item being £3 Os
tel for liquor supplied to the plaintiff, who had a
sale at his house; another item was IN for
fetching a carriage from Kaldtrunnster ; said the
other item certainly was an extraordinary one,
being £l5 138 for the use of a coach-house, and
other small items. He should prove that a cu.-
riage was bought by the defendant at a sale of
plautihrs at Kidderminster, and that the plaintiff
was a partner. They each paid £3 IN for the
carriage, which was knocked down for £7. They
being partners, in law one partner could not sue
the other unless there was sonic special arrange-
ment ; and that plaintiff had never heard one
word about the £l5 13s, until he had sent in the
defendant's bill. Be might say that as the
transaction took place in 1866, he might have
pleaded the statute of limitation. But plaintiff
had not done that, and if the juiy, thought that
defendant was entitled to any recompence for the
carriage being in the coach-house, he was quite
willing for the jury to say to what amount he was
entitled to. _ . .

Plaintiff deposed: I atu an auctioneer at Brierley
Hill On September 16th, 1867, I received in-
structions to let the Bell Hotel. I was to have
it advertised. I drew up the advertisement and
sent it to a number of newspapers for insertion,
and paid£llBB lid for them and produced receipts
for the same. There is is fid to come out of that
account by an overcharge. I took the usual steps
to let the house in April. Had a journey to Old-
bury, Birmingham, Dudley, and other places not
entered down in the bill. In February P 372, saw a
gentleman named Lightbouud about taking the
house. Told him he would have to take it by
valuation and sent him to the defendant, who,
after the interview, declined to take the house.
I also paid other sums of money for horse hire,
railway fare, and other expenses to the amount of
£l5 15s. One item in my bill of £3 lOs was paid
to defendant for half of a carriage. Sent in the
bill August 18th, 1873. Up to that time I never
received a bill of settlement from the defendant
except the one of £3 10s, and one of £3 us 6d.
Received the last one about a month before he
left the Bell. No other bill had been sent in
except the two, until five days after my bill was
sent in. Mrs. Skidmore also came for the bill of
£3 Us 6d. Did not pay her because the defen-
dant owed me a great deal more money. She did
not mention any other sums of money. She did
not say anything about the carriage. I had a
sale at Kidderminster, on December 4th, 1663.
There was a carriage for sale. Told defendant
it would suit him and very cheap. Ile asked me
if I would stand in, and 1 told him I would, and
knocked it down for £7. Defendant paid me his
£3 10s and I paid mine. The carriage was after-
wards fetched by the defewhint's orders and
brought to my place, and I had it under my care
for three for four months, having plenty of room.
Defendant afterwards sent for it because I to'd
him it was in my road. I have used it, and also
defendant ninny times. Defendant had plenty of
room, and he never complained of it being a nui-
sance to him. Defendant told me he paid Is for
fetching the carriage from Kidderminster. He
showed me the entry ho had in. Ale in his book of
Is, and I offered him a half-crown my half, but
he refused it. Have several times offered the
carriage for sale without charge. Have since seen
an advertisement in the newspapers offering it
for Side. It was put in by a person named Griffiths
who occupied the Bell Hotel, which stated that it
belonged to Hawkins and another.
_ _ -

Cross-examined Defendant did not prepare
me an fulvertisment for the paper, he could not
draw one. Went to Oldbury with the defendant
to try and let the house to Mr. Nock, and also
went to Birmingham to induce a Mr. Jackson to
take the house. in February 1872, went to Mr.
Lightbound, and told him about the house. Ile
had previously told me that he wanted a house.
Nothing was said about the goodwill of the house,
until three or four were in the market. Defen-
dant had told him that he would sell up. I did
not charge Mr. Lightbound as I expected to have
had the valuation: If I do not get the valuation
charge for work done. Griffiths took the Bell
in April 1872. I asked him who was going to
value for him, he said a man from Wolverhamp-
ton. I did have a disagreement with the defen-
dant, because he did not employ mo. Had he
given me the valuation my charges would have
been the same.

Alfred Hawkins, son of plaintiff, said he re-
inembered a man named Jackson, of Birmingham,
a tobacconist, coming to Brierley Hill, which was
in answer to an advertisement. Took him to the
defendant's hous, who sboved Jackson all over
the house, including the b0.v14-ig green. when
he left he said he would let us know in a day or
two. On the week following Good Friday, went
to Birmingham to see Mr. Jackson, who declined
to have the house, and have not charged for that
journey. Have seen defendant several times about
the house, who expressed a wish to get out of it.
The advertisment was inserted in 1867, and he
did not get out until 1872. Some of the first ad-
vertisements were inserted by us, and some 11,
the defendant and paid by bins. I was with my
father when he called upon Nock and others.
Recollect the carriage being at our house and
using it. It was afterwards fetched by the defen-
dant who used it, and lent it to other people.
This was the case for plaintiff.
Mr. Corser replied, and contended that the
charges were excessive, and that the plaintiff was
not entitled to receive all the sums asked for.
Defendant was then swore, and said : I am a Nui-
sance Inspector, and formerly kept the Bell Hotel.
In 1867, I wanted to leave the house, aud saw the

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