The Sun.
London, England, 1860-11-28 00:00:00

CRIC.KETING DlN7v E.RS.

VICE,CHANCELLOR'S COURT, OXFORD, Nov. 23.
(Before the Assessor, Mr. Montague Bernard, 8.C.L.)

PIMIVI V. JOIVETT.
This was an action brought by the plaintiff, who is an
innkeeper in Oxford, to recover the sum of a 19s. for din-

tiers, &c.,:supplied to the defendant, who belongs to Exeter
College, and is a member of its cricket club. The case ex-
cited considerable interest in the university and city, and
many undergraduates and tradesmen were present at the
hearing.

Mr. Latimer appeared as proctor for the plaintiff, and
Mr.Pcittinger for the defendant.

Mr. Latimer, in opening the case, stated that the plain-
tiff, an innkeeper of great respectability and long standing
in this !city, had for many years past supplied the Mag-
dalen and several other cricket clubs with dinners, &c., on
their respective cricket grounds, and had catered so libe-
rally and charged so moderately that in the spring of this
year a meeting of the captains of the different college
cricket clubs was held at Christ Church, when it was
agreed that the plaintiff should supply the various clubs on
the same terms as he served the Magdalen Club, namely,
3s. Gd. for dinner and Is. for luncheon. Shortly after this
meeting the defendant and a friend called on the plaintiff,
and wished him to supply the Exeter Club, but he said he
could not undertake it, as he already had so many on hand;
but on their telling him that it was to be on the new
system, and that Exeter was a large college, he consented
to do so. Subsequently the defendant wanted him to pro-
vide dinner at 3s. per head, but the plaintiff refused
to do so, and said he could not deviate from the price
which he had always charged since be had catered for the
university. The defendant then accepted the terms, and
told the plaintiff he was to supply the Exeter Club. Ac-
cordingly he did so in his usual liberal and excellent
manner throughout the season, and every one appeared to
be highly satisfied until he sent in his bill to the defendant,
who objected to the charge of 3s. 6d. for dinner, and con-
tended that the arrangement made was 3s. a head for
dinner 'and luncheon. The plaintiff repudiated any such
arrangement, and objected to make any reduction in his
charge, and as the defendant refused to pay he had no
alternative but to bring the present action.
The following witnesses then gave evidence on behalf of
the plaintiff:—
Mr. G. L. Hodgkinson, of Pembroke College, and ene of
the ex-officers of the University Cricket Club, deposed that
in the spring of this year he applied to the plaintiff to sup-
ply provisions on the college cricket grounds, as he had
been in the habit of serving the University, Magdalen, and
other clubs. A meeting of the captains of the various col-
lege chibs was held in the rooms of Mr. Lane, of Christ
Church, to determine the rate of charge, when it was
agreed that the terms should be—for luncheon and dinner,
4s Gd per head; or 3s 6d for dinner, and is for luncheon,
being the same prices as were paid by the Magdalen Club.
This arrangement was assented to by the representatives of
the various clubs with the exception of Balliol and New
College. The plaintiff accepted the terms and supplied the
dinner and luncheon at those rates, and gave general satis-
faction, and ho (witness) considered the charges were fair
and proper.
Mr. John Pimm, the plaintiff,•stated that last spring Mr.
Hodgkinson applied to him to supply refreshments on the
cricket grounds, and said there had been a meeting of the
captains, when it was agreed that he should be asked to
supply the clubs on the same terms as he served the Mag -
dalen. Plaintiff agreed to do so ; and Mr. Hodgkinson told
him that all the colleges would come under the new arrange-
ment except Balliol and New College. Shealy after, the
defendant and Mr. Majendie, of Exeter College, called on
him, and wanted him to supply the Exeter Club ; but he
replied that he could not undertake it, as he had as much
on hand as he could manage. They told him, however,
that he must supply their college, as they came under the
new arrangement agreed to at the captains' meeting.
Plaintiff then said that, as such was the case, he would
abide by the arrangement and. supply the club, considering
that by that arrangement he was to be paid the Magdalen
tariff. After this the defendant wanted him to provide
dinner at 3s. per head, as he thought 3s. 6d. too high, when
in the country they only paid 2s. 6d. Plaintiff replied that
he could not deviate from his price, and never made any
difference since he had catered for the university.
In answer to the learned Assessor, the plaintiff said that
he gave the defendant distinctly to understand what his
terms were; and when he wanted him to reduce them, he
told him plainly that 3s. 6d. was his price for dinners, and
that he could not afford to supply them for less. The defen-
dant then accepted the terms, and said, " You will supply
our college."
This being the case for the plaintiff,
Mr. Pottinger said that 'the ground of defence to this
action was that a special agreement had been entered into
with the plaintiff irrespective of any agreement with other
colleges, and he should prove that fact by the witnesses he
was about to call. •
Mr. Thomas Jewett, of Exeter College, the defendant in
this case, said that when ho called OR the plaintiff he asked
him if he were willing to supply dinners for their club, when
he said he did not think he could, as he had undertaken to
supply so many already. Witness said he thought he
might, as Exeter was a large college, and then asked him
his price. He said 4s. 6d., when witness told him that was
too much, as in the country where he came from they paid
only 2s. 6d. for dinner. The plaintiff then said he did not
think ho ought to stand in the way of the order, and agreed
to supply dinner at 3s. per head. The subject of luncheon
was afterwards mentioned, and it was agreed that those
who partook of luncheon only should pay ls. per head.
The plaintiff then agreed to supply both dinner and lun-
cheon for 35., but those who had luncheon' only were to
pay Is.
Cross-examined by Mr. Latimer—Do you consider that
3s. per head is a fair price for a good luncheon and a capi-
tal dinner, with bitter beer ad libitum, at both ?
Witness—Yes, I do. (Much laughter from the under-
graduates, and tokens of dissent from the innkeepers and
tradesmen present.)
Mr. H. W. Majendie, of Exeter College, was then exa-
mined, and said that he was a member of the cricket club,
and was captain of it last season. Was present with
Mr. Jowett when the arrangement was made with Mr.
Pimm, who agreed to supply both dinner and luncheon for
3s. per head. Witness, as representative of his college,
never engaged 'to pay 4s. Gd. for dinner and luncheon.
Cross-examined by Mr. Latimer—Took part in making
the arrangement with Mr. Pimm, but Mr. Jowett was the
chief speaker. When gr. Pimm was first asked to supply
their college, he said he could not do so as he had already
undertaken so many. Witness was present at the meeting
of captains in Mr. Lane's rooms at Christ Church, when
they met to settle about the dinners, but had no recollec-
tion of any proposal being made there. Did vote for Mr.
Pima's supplying the dinners. Did not know the prices
charged on the Magdalen Ground when he called on Mr.
Pimm. Had received a bill from Mr. Pimm, who had
charged him 4s. 6(1. for luncheon and dinner. Never pro-
mised payment when it was first sent in. Never told the
person who brought the bill that if any of the gentlemen
objected to their bills ho was to refer them to him.
By the Assessor—Remember 2s. 6d. being mentioned by
Mr. Jowett as the price paid in the country for cricket
dinners, when Pimm said he could not do it for that. When
they talked about the price of dinner, luncheon was not
mentioned. Mr. Pimm first asked 4s. Gd., and after they
had agreed that 3s. should be paid for dinner he consented
that the luncheon sh(rfild be included in that charge.
Mr. Pimm strongly denied the last statement as to the
luncheon being included in the 35., when his charge for
dinner only was 3a. 6d.
Mr. Pottinger addressed the Court, and said that the
first question was whether the agreement made was 3s. for
dinner and luncheon, or for dinner only, and luncheon ls.
extra. The custom was to makeat charge to include both,
and it amounted to the same thing, because if a man made
a hearty luncheon he consumed less at dinner. (Laughter.)
The Assessor reminded the Proctor that there was a con-
siderable iaterval, as well as some strong exercise taken be-
tween luncheon and dinner, and therefore he could not
attach much weight to this latter argument. (Laughter.)
Mr. Pottinger remarked that whether such was the case or
not, persons who supplied provisions on such occasions took
no notice as to whether the parties partook of luncheon or
not. It was proved by two witnesses that a special agree-
ment had been made with the plaintiff, and it was entirely
irrespective of any other. He (Mr. Pottinger) would not
dispute the prices charged, or offer an opinion as to whether
ls for luncheon, 3s 6d for dinner, or 4s 6d for both, were
fair charges, although in country clubs, where meat was
dearer, the price was only 2s 6d ; but he grounded his de-
fence in this case on the simple fact that the plaintiff had
made a spcial ag,reement and ought to abide by it.
Mr. Latimer replied on the whole case, and said there
could be no doubt that the defendant and his friend, Mr.
Majendie, had spoken to the best of their recollection what
was their impression of what passed at their interview
with the plaintiff, but that they both laboured under a
very erroneous impression the facts of the case very
clearly showed. In the first place, it was proved that
in the spring there had been a meeting of the
captains of the various college cricket clubs in Mr. Lane's
rooms at Christ Church, where the subject of dinners
and luncheon' was discussed, and a certain agreement was
entered into—viz., that Mr. Pimm should supply the clubs
on the same terms as he served the Magdalen Club. Mr.
Majendie was present at the meeting, and did not dissent
from the arrangement entered into; and although he could
not recollect that any specific proposal was made, yet he
admitted that he voted for Mr. Pimm supplying the clubs,
a resolution which could not have been passed unless the
terms had been previously agreed on. In the next place,
Mr. Hodgkinson, who was formerly one of the members of
the University Cricket Club, and who took an active part
at this meeting, proved distinctly that the prices agreed
upon were 3s. Gd. for dinner and ls. for luncheon, the same
as the Magdalen tariff; and that the terms were assented to
by all except Balliol and Now Colleges. He subsequently
apprised Mr. Pimm of what had taken place; the terms
were accepted and fulfilled in a very satisfactory manner.
After this Mr. Jowett and Mr. Majendie called on Mr l
Pimm and wished him to supply the Exeter Club, but he
at first declined to do so, having already undertaken to sup-
ply so many others; but on being told that he must do so,
as they were under the new arrangement, ho consented and
said he would abide by it, Some conversation ensued as to

the price being higher than was charged in the country,
and Mr. Pimm was asked to lower it; but he said he
could not do so, as he had only one price, and must not
deviate from it, but charge all the clubs alike. Upon
that he was told by 3tr. Jowett and Mr. Majendie that
he was to supply their club, and he had done so on
the same liberal scale as he had served the other clubs, fully
expecting to.be paid at the seine rate, and never doubting it
for an instant until, on sending in his bill, the charge was
disputed. Now, on what ground was it disputed ? Why,
simply on the faint remembrance of a loose conversation
which took place last spring ; and it was a remarkable
feature in this case that while Mr. Majendie could
speak so positively of all that took place there, yet he
could not trust his memory so far as to say whether or
not any proposal whatever was made at the captains'
meeeting, notwithstanding that he admitted having voted
for Mr. Pimm to supply the college clubs. Another incon-
sistency in this case, and a very striking one, was that
Mr. Majendie, in answer to a question put by the learned
assessor, stated that after it was agreed that the dinner
should be charged 3s. instead of 3s. 6d., as required by
Mr. Pimm, the latter agreed to include the luncheon in
the price. Was it at all probable, when Mr. Pimm was
required to supply for 3s. a dinner equal in every way to
that with which he supplied ever); other club at 3s. 6.1.,
that, even if he had consented to do s, he should agree to
give them a good luncheon with pale ale ad libitum in the
bargain ? There was no question, for it was admitted on all
hands for years past that Mr. Pimm was a most liberal
'caterer and excellent host; but no one would give him credit
for carrying his liberality so far as to include a luncheon in a
charge which was lower than he laid down for a dinner only.
Both Mr. Jewett and Mr. M -jendie appeared to think
that for a good luncheon, to be followed by such a dinner
as it was well known Mr. Pimm always gave, 3s. was a
fair price ; but all who knew how well these things were
done would entertain a different opinion, and consider that
those gentlemen were very peculiar in their views. Mr.
Latimer contended that there was no proof that any special
arrangement had been made beyond a loose conservation
which took place some months ago, and that in the absence
of such proof they should be guided by the arrangement
made at the captains' meeting, and by the terms anted
upon by Magdalen and other clubs. It was in evi-
dence that Mr. Pimm supplied all the colleges on the
same terms, and what reason was fhere for his lowering
his lowering
them with respect to Exeter, when it was proved, both by
Mr. Jewett and Mr. Majendie, that he declined to under-
take it, and was only induced to do so en the understanding
that he must under the new arrangement? Mr, Pimm
denied having accepted any lower terms than he had been
in the habit of receiving, and it would be prejudicial to his
Position, as well as unfair to the old clubs, if he supplied
one on more advantageous terms than another. On these
grounds he (Mr. Latimer) claimed a verdict for the plain-
tiff for the full amount of his bill.
The Assessor, in adjudicating, said there was no ground
at all for imputing wilful misrepresentation on either side,
but there was evidently some misconception as to a conver-
sation which had taken place very loosely when tho terms
were proposed and discussed. There was evidence of some
general arrangement which had been made at the captains'
meeting with respect to the terms upon which the clubs
should bdsupplied, and the Magdalen tariff was agreed upon.
All these thingswere settl ed , and communicated by Mr. Hoag-
kinson to the plaintiff before he was asked to supply the Exit%
ter Club, and no doubt had their influence on his mind.
The whole question turned upon what took place at the in-
terview with the plaintiff, the defendant, and Mr. Majendie,
and upon that the evidence wasvery conflicting. Mr. Jowett
and Mr. Majendie gave a very clear account of what took
place, although they could not speak to the precise words.
They had not heard from Mr. Pimm much of what
took place then ; there was a want of clearness on both
sides, but mostly on Mr. Piton's. Under these circum-
stances there was great difficulty in deciding, but as it ap-
peared to him that the balance of evidence was in favour of
the defendant, he felt that he 'must give a verdict accord-

ingly.
The decision, under all circumstances, excited great as-
tonishment; but the matter will not end here, as the plain.'
tiff means to appeal. There is a strong feeling in the uni-
versity, especially among the clubs, that Mr. Pimm has
served so well for many years, that he has been unfairly
dealt with, and there is a determination to see him righted.

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