The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1886-03-23 00:00:00

COUNTY COURT.

TrODAT. More his limrar (Judgrlal.

ttkiiiti.)

& Allen, agricultural engineer., v. U.
Taylor, inachinixt, Fordington. —Maim 1411. NI,.
Heatable appeared for plaintiff.. —.llldßlll.4lt. WAA
given egainat the defendant, who did wit appear, after
(video°, had been given by Mr. H. Ihike.

A ViAiNIN.. TO JURVNIVI.

A Jury WAS empanelled in the nest ease, anil tioi
names being called it was ascertained two gentlemen
were aheent—Mr. Tipp and Mr. Dixon. -In the c.a.,
of the former a medical gentlemen certified that he
was ill.—Thu however did not .atisfy hi. fliinoor.
It warn, he mid, absurd for • doctor to mind midi •
certificate se that ; he ought to cond....reinl to give
particulars. Who wadi the doctor !—The Itegietrar
(Mr. Henry Symond.) : Mr. Eamon, your Honour, a
Kr/ottoman thoroughly to be relied on.—lli. Honour :
Oh I very well.
With regard to Mr. Dixon the WM/
and Mr. Dryer, the bailiff, having aworn
glaXre: the summons personally, M.
Illoniiiir
• fine of £1 (Sulmequently Mr. Dixon appeared,
and, having explained the circumatanam, of to,
absence, his Honour remitted the fine.)
JUST

.4111101.

.1. Mount !Settee -liiporrn- :4. Samway• sse.
cheater.-Mr. Watts (Yesoil) for plaintiff, soil Mr.
Trevor Davis (Sherlawne) for the delenslsio. This
was a claim for £lO. In. ed. datum,. alleged by the
plaintiff to bare been sustained awing to the defend-
ant's refused to perform a L....tract for the purchase of
some wheat--This case was Adjourned at the last
Court in order to give plaintiff an eles.rtunity is.
*mend his claims-The judge said it w. • pity tel.
respectable people like the partim in this mew could
not have Cottle to an agreement. -M r. Too ar has.,'. :
We offered to arbitrate.-Mr. Watt*: .trbitratians
me always eximmnive, and a long time about, and we
thought it better totake the opinion of the piry.-11 is
Honour impressed isn the plaintiff the advisability
settling the matter, but without Nlajar Mosisit
Batten was called by Mr. Watts, and said in Nlxy,
188.1, the late Richard Hawkins, now dead, was the
plaintiff's bailiff. At the ti me his father had same s pri ng
wheat for sale. In that month Hawkins WM
directed to go to the !he-chaster nisrket with
samples of the wheat. On his return from the
market he made • communicatian to bins, and .41
the following Thursday witness receiviel a letter
from the defendant, stating he had offered Hawkins
money for the April wheat, which he promised to
submit to him (plaintiff). he intended hint to have
it he was to let him know as early a. possible. In
reply, plaintiff wrote by return of poet he could have
the wheat at it.. • sack.-His Ilonour did not
consider the contract was completed by this letter. -
Mr. Davies: Unless my friend goes much further
there will be a nonanit.-Mr. Watts contended the
two lettere constituted practically a contract.-Mr.
Waits said he should be able to prove the defendant
received and measured the wheat.-Ifis Honour: I
shall rule that as far se you have roue there is no
acceptance in writing.-Mr. Watt., then put nanother
written by the defendant to the plaintiff, stating that
under conditiosa he would take the wheat.- His Honour
said this was a limited acceptance, but it was full
difficulties-Mr. Trevor Davies said Mr. %Vette had
left out • previous letter, in which they almost
positively refused to take the wheat. -After none
discussion. Mr. Watts suggested that the jury
should retire into a side roans, let the witnesses gs.
before them, let the solicitors keep sett, and he should
be content Is take their judignent. It '4l. stinted
all the jury were farmers wit one exception. -His
Honour : It is • novel suggeltiitn, but • very sensible
one.-Mr. Chick (juryman): We weidsl rather have
the benefit of your advice, your Ilanaur. - His
HamanhL(nsuvely): 1...1 had better not. (Laughter.)
You better do without me -Nlr. ISsues :
while they are deciding it, I and Mr. Watts will go
and lunch. (Laughter.) Th.• Jury theit retired. mil
were locked up for several heti. At the clan• thrir
hearing the foretnau inforued the Indite they gas.. a
verdict for the defendant
John Pommy (phategrapherl, v. Marton and CO.
(Birmingham). -Mr. Burnett far the elaintiff, and
Mr. Moldable for the defendant. - Claim I:10
This was adjourned from the last court. (1 h.fendant
had paid 83 Is. into court.) The ea. stsssl -ver to
enable in important witness. NI r. .%Iford. 'the
mutual friend, ' who intradomel the parts.'., h. he
celled. - Mr. Btletiett having hie
case. called John Penney, the whe
said be Aret saw the defendant in September
Last, but previous to that he had I I.•ssi• •peci•
MM. him. It...fend:silt asked 1 ta .tit.toiy lion
with • set of tray. for japanning inirposes. one.,
replied he could supply 011 f, set for two guineas.
At the same time witness offend bins a dsaen table
tops, and said ha would do a set of treys far • plittea
an conditions he !knight the dasen table ti s at
ISt. ed. each, lie shaulil not have sold the trays far
• guinea unties be Agreed to take the table I.le. There
was nothing said as to work, except that
the trays should be walnut colour. Specimens had
been shown the defendant. On ()miler Isl he
forwarded the trays and table taps Witness told the
defendant mine of the tril.le tope had been French
polished, but whether they would "stand" or net he
could not say. (hi October 17th witness received •
letter from the defendant, and that was the first
intimation he had that thedefendant *snot satisfied.
(The letter was put in, and stated the defendant
objected generally to the condition in which the table
tops were seat.) Witness said he was present when
teutoods werepacked, and he gave the opinion they
beer " firing." (The two siriginal specimens
were produced, mid compared with the goods
returned.)--Ctors-exemined by Mr. lluctable: lie
was introduced to the defendant I.y Mr. Alford, with
whom be agreed to send samp:es of his work to Ilir•
mingbam. He had various letters from Mr. Altord,
who told him be had shown his work to a Mr. Paine
(who is really Morton and Co.), who said be wanted
specimens of Mr. Pouncy's art on trays. Mr. Alford
brought to Dorchester a few trays (nen the defendant,
on which be placed picture. SS samples. It ea, a
feet he urged Mr. Alford to send him nem. round
table tops. Mr. Alford replied Mr. Paine did not
deal is table tops, and be (witness) thaught trays too
common for his work. Ultimately, he was asked to
go_ to Birmingham to sea the parties. Mr. Alford
did not strongly &dries hint to have nothing to do
with table tops. Mr. Alford &thieves* sent him
AM table tops, but witness said they FMB like

butcher's blocks. Wilma, had an intersiew with ,
Paine, and be expressed anxiety to get the tram
After consideration, defendant consented to take the
table tope on considemation he did some trays. To
the best of his knowledge he got the table tops from
the defendants, and he sent them hick in due course.
He bad experience in papiermactie writ. It was
hard, and there was no danger ..1 indentation or
ribbing if properly packed.—Mr. Huzzahle pointed
out indentath 00 ii fine of the table tote, but
plaintiff said they would all come out.—By Mr
Buniett : Mr. Alford WM not present when the con-
tract warn entered into. —John Baster Vincent, silver
smith, kr., of Dorchteur, wassailed, but his evidence
we. not relevant.—Jamea Ilidgley, 01 Maiden-street.
Weymouth, said for 1$ years he was foremast of large
*panning works at Birmingham. He had examined
the table top., awl c.iii,psred the samples with the
ones sent. lie con..ds,d them as good se the others.
One warn injured, hut it could be made good. He had
no hesitation in saying the goods in question would
stand " firing," and come out as good as the samples.
—By Mr. Humtable He had been ejapanner for 27
years.—Mr. Huxtable : Of what !—Witnem : Of iron
hed•tead work and ornamental work--In reply to
further questions', witness mid be had never seen
vrork like this before. —Mr. H u stable ba +ring addressed
the Court, called William Paine, the defendant, who
said he traded in Birmingham am japsnous under the
name of Morton and Ca He knew Mr. Alford, hay.
inc Snit made his acquaintance about 18 months ago.
He (Alford) told him he had &friend whohaslinvented
a new process in photography, and he wished him to
se...t him in introducing at to the trade. After certain
preliminaries he met the plaintiff and .11ford
together, first at his (witness's) warehouse,
awl secondly at hi. home. At his house • converws-
tion ensued on the subject of table tops lie he
had treneferreirl hi. pictures to a dozen of the .
table tops, and he asked him to take them. He
preawil him very hued, saying they wen.
and lialc very nice. He did not then say h.• would
take them. On the following day he again .w
Pouncy and Alford. l'ouncy urged I • to take tne
tope, and witneaa said "Are they all right!" isimition•
itttt the colour, and the "get up." Winn,,i said
they were.—His Honour That's • technical term,
like • lady says when she'sdreseed —Weber "get lip."
(Laughter.)— continued: Ifs said "I'll take
thew if they areas you .ay " He had prey lu .1 y had
a specimen rent hint, and the mita plaintiff sent were
quite id a different cobiur. When the g.salii were un-
thisiree woohac "I Y •
tan ~pialt„.e. in' if th'e"rtr`l,..''.l.7,
his cuatom was to carefully pack ouch god.
. with plenty of paper, and if they were sent
face to, face they put wool between them.
The good. were damaged, and they were uniale•
able fir the purples of his trade. Ile returned the
trips.—Crnen.examined by Mr. Burnett; The table
tops were meat in an unfinished state.—Tbe nett
witness called was James Itrewitt Alford, • Baptist
minister and a lecturer, called on behalf of defendant,
who said it was he who first showed defendant some
of plaintiff's work. Ile MY present at an interview
i between plaintiff and defendant in Birmingham on
September 26th, when the alleged bargain was made.
He beard Pommy say to Paine, ' You bad better take
the tope." Paine said if they were all right in colour
, and get up be would take them. Witness heard
Pouncy say they were first-clam. and ready fir
handa—Cri els-examined by Mr. Burnett: 1 ruche*
to them, and rinld hear what WWI going".. The
esteem:sin wes that defendant was to have the
three trayi at a guinea twins and to take the table
-lii. Honour having summed up, the jury, with
hut little 'levitation, f.itind a verdict for the defendant.
--Mr. lliii it,),' asked for wets, and his H ''flour
aw ,riled the 1, pol.eni if line hearing and the ordinary
nets.

Nllt COIMSEL