The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1868-08-11 00:00:00

WIMBORNE COUNTY COURT.
_ _ _

TO ROD AT. —Wore T. E. P. tetra', gm,. Judge.
There were 96 inCOO2OOll4lll issued, and 15 jadiamt
lIROIMOOSOL
SliAir PIACTICL —ISSN Barnes s H.
Upon his Honour taking his mat, Mr. Johns, soot r,
Ringwood, applied for an order from his Hamar to sag
aside an execution unlawfully levied in the cam of
Barnes,. Barnes. At the last court this case waa eon.
eluded against it's (Mr. Joins') client, and payment of
the claim ordered to be made forthwith. Mr. If. Barnes
vas perfectly ready to meet the demand, but before ha
could do so, before he had the order to pay, Or before
amen he knew exactly what be bad ti psy, an execution
mesa levied upon his good., and be had that extra ex-
peass—Mr. Tanner. solicitor on the other side, said that
every legality Lad been observed. He advised his client
to mr.lt a little, but he seemed afraid he should loss his
money, and insisted upon the execution ; it was per-
fect!. logaL —His Honour said it may be legal. built
was what be called sharp practise; if he Dodd assist Mr.
Johns tie would, but it IrSi beyond his power.
Diertrillo AOOUOIII..—Mr. Coltman, builder, Win-
borne, v. Major Portanaa.—A MMus for a bill 'duo for
work done Inch, years 1864.547-8. - Mr. Diekenrioa, of
Poole, appeared for Plaintiff ; Mr. Tanner for defeadant
Our reader@ will rinaember that at the last court de-
fendant raised the objection that amniii be paid os
amount bad not bees credited to him by Mr. Cottmm,
be also disputed several items in the bill; the ease was
adjosaked for the Registrar to easels* the amounts
and see if my miatake has hem made. The mantes.
Mon had bens made Asa Odours easoost farad eorrect =
ow, aaar raised use Quit deferfasi vas over-
miaow mad as osioal **Won bad bora

1"" b• premed for pirasul. In the month of
°otutler last he was mot fur by Mrs. Portmen, sod
said what he would bend • fowl-home 2111. long for,
and he said £ll 10s. I)id not me the major about it,
but understood he knew and pm orders. Afterwards
extended the len,gth to ilft, sad charged £l4 155..
That wee erected in 1867. Sent in Mes bill for the fowl. ,
; the major said it was high, and he should see
Mr. Fleisher and get him to value sad measure it. In
°ctuber the major said to plaintiff, ". Corium.
Mr. Fleisher does not bring it to anything like
fult do" I looked at Mr. Minter.* estimate, sod
fogad that he lied net charged for .11 the materials, or
"Yollid Ulm it. Altarwards took the fowl-house down
and removed it to Rumbas. The mejor said no more
about ths bill. On October 511, 1867. plaintiff was
*alloyed to put up and remove certain temporary
lmhise in the great hall In Dun's Court, and to nut up
several deurations, kit, for • festive gathering.
Charged £6 lOs.; that was disputed. At the request of
his bosom plaistiff read over the Neural items by whieh
ha gads his bill no up to 1.-13 10a. —Mr. Tanner room
*Wed that those items bad never been lent into hie
client —Plaintiff said it was not usual; he had gent In
the sum total to the major. The major never told him
that he would never pay him unless he took off £8 from
the whole; the major never made no serious objection.
Had written repeatedly for a settlement, but could
rewire no answer till he threatened • county court
sunimens; the me,jor wrote to say that he would pay in
chsemene ; that he (plaintiff) did not u nde rstand. —C rose.
examined by Mr. Annie: Received £l2 in April, 1868;
that is credited for. Have never sent in • debtor and
ereditor amount to Me major till ordered by the judge;
It is not usual. Do not renumber sending tim major on
arreeptanes or promissory note for him to sun. Told
, him I would not abide by Mr. Fletcher's valuation.—
. Kr. Hid:good, of Wiraboree, saki that he valued the
wittier; said to have been used in the building col the
fowl-home. The *barge Kr. Gotiman made was fair
sad reasonable; his charge would have been higher.
'The beet of timber will warp and split and leak.—
Major Portman laid that he agreed for the house to be
built for Ll; he did not know of any alterationa being
made.—Mr. Fletcher, architect end surveyor, said that
be made • ideation of the work and materials in con-
nection with the fowl.hoase. His estimate 1•4 I ices by
some pounds than plaintifa—Plaintiff objected to Mr.
Fletcher's viilastioa and measurement as Incorrect, and
pointed out it, incorrecteess so clearly and so accurately
that his Homer said it was evident that Mr. Fletcher
woe wrong. Major Portman bad evideatly made •
mistake. Plaintiff's evidence was too weighty to be set
aside. He should give judgment for plaintiff with all
costa

01 WAILLWIT. —Mr. Clack, soul meroltuuk
BlaucUord. Lk Yr. Lovell, eoesal.bnilder. Witnborne.-A
olaim for CM kw alleged breach of warranty in the
purchase of • der-pbastos.-11r. Moore appeared for
plaintiff; Mr. Dickenson for defeodent. -The cage
appeared to be as follows:-!. Marsh last the plaintiff
pumhased a 'aerie's of Mr. Lovell purpotting to be of •
certain weight, via., not over 3 out. Hu pony wog
only 13 hands blob and be wanted a light plitaton for
it. Mr. Lomb did not have the carriage weighed, he
simply tested re weight by lifting it by the hind aprinp.
Plaintiff did on require a written warranty he agreed
to take defendant's word and bought the vehicle. When
he got home he found it too heavy ; instead of weighing
9 cwt. it weighed 4 (net WI& Accordingly. on the
first opportunity, the vehicle was returned, but Mr.
Lovell would not take it back or refund the money.
Plaintiff caller al time. after be retorted the
ferriage but weld not see defendant - For the defense
Mr. Dickinam contended tivit no warranty bad been
given. Plalntff was asked defendants opinion and he
gave It; had plaintiff inaiated on the egad weight,
defendant would have bad the carriage weighed. Plaintiff
saw the carriers two or three times before the purchase
was made. 'Jefendant did not know plaintiff wee no
exast or be would bare ascertained the trite weight. -
Hig frontier thought that a warranty hid bees given. It
did not require a written warranty ; plaintiff mentioned
tbe height of his pony and what he wanted, therefore
he would give Judgment for plaintiff.-Mr. Dickenson
mid his cheat would eppeaL-Hia Honour gave him 10
days to appeal, but reminded hien of the old adage,
"You rosy go farther and fare wone."
A Brunt -Thorn w. Wren.-Mr. Tanner appeared
for &reagent -This was a claim for labour done in
1864. senouuting to El Ils. The evideees fully showed
that the esti°s was brought altogether in spite for •
fancied injary.-Jedroient for defendant.
No A amts.-Clark, coal merchant, Blandford v.
-Thii wail a slain for CI 6e. 81. for seas alleged
to have been served by • written order from defendant.'
wife.-Mr. Moore appeared for plaintiff. Defendant
said that his mother ordered the coals. She was since
deed end left no meets, all the (omits» she had was
hit -Plaiatiff submitted to • nouguit.