The British Press; or, Morning Literary Advertiser.
London, England, 1819-04-17 00:00:00

would heconsidered null soil void by the Defendants.
Mr. Havers had not at this time seen its broke-1.-
Iml, on the Saturday, he desired hint to look at the
and make his report, as he was desirous to
limy the Defendants. The clerk of the Defendants
called mi Saturday, and the money wan ready—but
lie produced it route from Ida employers, in which
they -tried that the contract, pa3nient ism Innis%
brats before made, was null II MI V“Ill. P. itYr to re-
ceiving Ibis note, the Plaintiff had written to Messrs.
Thornton, informing them that the tallow (lid nut
usiswer the :polity of the sample, and wishing them
in furnish an article in corifc,anity watt his contract.
fu this co answer was returned. On the Monday,
the market being in an Unmoving state. the Plaits-
tiff, conceiving the bargain to be a valid one.
sold the tallow to a person of .the name of Hawes,
at an advanced brier, at the same Ville that
the. Defendant+ hut refused to deliver it, and put-
ting Mr. Hawes i•s full possession of Ilia 410 M. hi
consequence of this communication, Mr. Hawes
ace palsied the Plaintiff to Lloyd's its search of
Alr. Tiloriston, whom they met there. Mr. Hawes
told lion, that, if he had any doubt of the ability of
the Plaintiff to pay for the tallow, he would relieve
hint on that hear!, as lie would become accountable
to bun for the contract price, and of (huse Ise
would be answerable to the Plaintiff for the ad-
vanced profit. Mr. Titorestoo declared that " lie
could not know Mr. flosses in the business—he
had motteng to do with it—the contract was
and void." 'rift Plaintiff expressed his surprise
that Mr. Thornton should adopt this step, on ac-
count of a delay of a day or two, and tendered bon
his hill in payment. which he refused. Mr. Hawes
then offered a check on his 'milker, whir)) he also
declined. " Then," said Mr. Hawes, "if you will
accrimsrany me to my banker, I will procure hank
notes for my check, and you may have them ;" hot
Mr. Thornton continued inexorable. Mr. Hawes
then procured untes, which were tenderest to Mr.
Thornton, by Mr. Cleashy, the broker—but all
the answer he gave Was, " Let Mr. !lavers pay use
the other thousands he owes me," alluding to the
price of the remaining 100 casks of tallow, the
period for paying which hail not then arrived. Mr.
Ililvers never received the tallow. alit, he now
brought hisaction to recover the ditfereisce between
the shim at which he had contracted to buy, and
that for which he might hive sold the article, had
the Defendants fulfilled their agreement.
Mr. Maititeavr called a 'lumber of witnesses to
prior this case—and, amongst others, Alr.
who proved that different tenders of payment hail
been made. As to the custom of the trade, he
rood some persons did demand irsyment the next
day—but time was allowed for inspectiori. Though
persons had a right to ask payment on the follow-
ing day, he never knew that a refusal was corr.'.
dered as snaking the contract moll and void—there
was no such custom. It was usual to give ounce
when the ship arrived, and, *heti disputes arose,
they were referred to a third person.
Mr. SCA MAT r. for the Defendants, contended
that they were warranted in what they had clone.
They bad no right to wait fur ever until Mr.
Havers procured the means of paying thesis fur
their goods.
On this aisle also several witiiesses were east-
nsistud, but they did not change the features of the
ease.
Chief Justice ABBOTT', in summing up, ob-
served, it was expected tint s.iettaunlr business
ad Id be dune in such a fair way, as to give an
tudsysdual 14 proper opportunity of considering the
quality of the co tttttt odity 1w was about to purchase.
Here payment was demanded for ,200 cask*, be-
fore airy intimation was giver; that they answered
sample. On fist Wedoesday payment was demand-
ell; it was ready on the Saturday. and was re-
peatedly tendered on the Monday. The evidence of
Mr. Hawes was very material. He stated, that
two smogs were usual in the trade, which were oat
bone by the Defendants—first, when the ship sr.
rived, it was customary to give the purchaser no-
tice, that he might view the commodity -and
next, if the broker declared it did not answer
contract, it was the usual course to appoint
another person to mediate between the parties, dull
%stile the business in a reasonable way. 0.. the
'Monday Plaintiff offered to pay tor iOU casks—he
wars 'lieu asked to pay for lOU snore—to winch lie
a. reed, willing to avoid dispute—but the De-
fendants said, " No—the contract is mill and void
vosi shall nut have the tallow." The plata fact
was, the refusal was intended to secure for Messrs.
Titanium the advantage of the rising market.
The Jury, after a short consultants's, returned a
verdict for the Plaiiitiff—daniages 6311.