The Sun.
London, England, 1858-05-31 00:00:00

HEN LY.

This was an action in which the plaintiff sued the do
fendant to recover the amount of deposit forfeited by the
defendant's neglect to complete the purchase of some
property, and also to recover the deficiency on the re.
sale, together with the expenses. It appeared that the
plaintiff had put up for sale by auction a cottage and
garden, which were knocked down to the defendant
for 1201., under the usual conditions. The defend-
ant signed an agreement, but did nat pay a deposit,
and ultimately he refused to complete the pur-
chase. The plaintiff resold the premises by auction
for 105/ , and sued the defendant to recover the deposit
money, 241. ; the deficiency, 151. ; and the costs of re.
sale, 91. ss. ; and at the trial which took place before
' Mr. Justice Erie at Westminster, in Hilary term last, lb
verdict was directed to be entered for the plaintiff for
these three sums. Subsequently a rule was granted to
reduce the damages to 241. 55., being the amount of de-
ficiency and expenses of resale. The question wag
whether the vendor in such a case was entitled to the
deposit in addition to the deficiency and expenses on re-
sale. It was admitted that, at all events, the vendor
would be entitled to the amount of the deposit, but it
was contended that if he chose to resell the property be
could only recover the deficiency and expenses on re-
. sale. The condition on which the question turned •
was :

"That if the purchaser shall fail to comply with these
conditions the deposit money shall be actually forfeited to
the vendor, who shall be at full liberty to resell the lot bf
public auction or private contract, and any deficiency that
may arise upon such resale, together with all expenses at•
tending the same, shall immediately after such second isle
be made good by such defaulter, and on ion-payment.
thereof such amount shall be recoverable by the vendor ae
and for liquidated damages, without the necessity of pre'
viously tendering an assignment or other assurance to the,
defaulter, but any increase of price that may be produce('
at such second sale shall belong to the vendor."
Lord Campbell, in delivering judgment, said it IVO
was well settled at common law, following out the rule
of civil law, that pecuniary deposits on purchases were
to be considered payment in part of the purchase-moue',
and not as a mere pledge. Therefore, in this case, if the
deposit had been paid the balance only of the purchase'
money would have remained payable. The Cocri
thought the plaintiff was only entitled to the difference
between the balance of the purchase-money on the first
sale and the money obtained upon the re-sale. The
judgment of the Court was that the verdict ought to be
reduced to 245. 9J.
Judgment accordingly.

POLICE INTELLIGENCE.—(This Dap•)

MARLBOROUGH STREET.
BRUTAL ASSAULT ON A Fzuilii.—Mary Beard, *
rather ill-favoured woman, was charged with commiti°
the following assault on Mary Ann Gidden, the dna&
ter of a coffee shop keeper in Compton-street, Soho.
From the evidence of the prosecutrix, a good-looking
young woman, it appeared that the prisoner was a eel:
vaut in the house, and that a quarrel having ensued
between the waitress and the prisoner, she (presecutris)
sent the waitress for a constable. As soon as she sie
gone, the prisoner set upon her, knocked her bead
against the wall in a most violent manner, and having
got her on the floor, she got her head between her kneege
and tore h,r hair off her head and nearly all the clotbo
from her back, struck her several Violent blows on the
head, and in consequence of her ill-usage she Ws.
great pain.
The waitress was called, and said that when she re"
turned she found her young mistress with all her clothe.
torn off, and in the state described by the prosecutri.,
With the assistance of a gentleman she released her
young mistress from the prisoner, who was behaviv°
in the most violent manner.
In answer to Mr. Bingham, the prisoner conduct,
herself in such a manner as to impress every one 111_
Court with the idea that she was a perfect virago
She, in addition to denying the charge, attempted
damage the waitress's character.
Mr. Bingham said if there was a woman tigress
prisoner was one. He should fine her 205., or she ivcc
be committed in default.
The prison, r said " she would not mini if it WAli.
sic months."

THAMES.
STEALING A HORSE AND CART AND A HOGSHEAD °I.
SOCIAL—John Sandford, a well known thief, formelit;
carman, who is connected with a gang of viliains Abe
have taken away horses, waggons, and carts, with lsb
quantities of tea, sugar, and coffee, was charged ty"
stealing a horse, cart, and a hogshead of sugar, the Pll,
perty of Mr. George Hooper, of Great Gadsden, ger
fordsb ire.
On Satui day afternoon a hogshead of sugar wag del
vered to a carman named Sears, from one of the sugo
warehouses ic the West India Dock. Sears, a siolj
countryman, who was employed to drive a horse 00
cart with the sugar to Great Gadsden, received a writtief
pass to enable him to leave the dock, a deliver,
note, and other passes. He had driven hie bq
and cart as far as Dunbar's office, in the West India-c°l7l
when the prisoner accosted him hastily, and said, " °l3O
have got the wrong papers ; make haste back to t.r/
dock—l'll take care of your horse and cart." Se
,"jr,
believing that the prisoner had been sent from the
pulled up at the side of the footpath, and ran back v
the dock, where he ascertained that his papers vrerf:
correct. He haatened back to the place where be ``.,
his horse and cart, and it was not to be seen. It ihj;
peered from the evidence of Jacob Callows, by trade 3
lighterman, and now a labourer, and dwelling at 14°:
Devonshire-street, Commercial-road, that his attentieoor
was called to the " horse and cart thieves" ri
the dock, and that. directly the countryman Se4ld,
was sent back to the dock on a fictitious errs
the prisoner beckoned to two of his confederstiV
and one of them removed the horses nosebag, god off
prisoner and another jumped into the cart and drop b,
in the direction of Salmons-lane. Callows immediate
communicated what he bad seen to Hugh Brosnallaill'oo
police-constable, No. 261 H. immediate pursuit 110,
mai* by the constable and George George, a Cost°, 43
house officer. They came up with the horse and car'ee
the middle of Salmons-lace, in which one of the tbieei,
leaped from it and made his escape. The prisoner 100
a desperate resistance, but was ultimately secures
v as stated that the prisoners confidant in this auciaAci for
robbery were well known, and a remand was asked
to enable the police to apprehend them.
The prisoner, on being called upon for his deirreels
w said I have nothing to say. He as remanded
week. The carman was permitted to take the lo
sugar to Great Gadsden.

MB. GLADSTONE AND THE MINISTRY.-- WO had ler
eon to expect, until within the last kix hours, that bt.a
should have bad the pleasure of announcing, „in,,,bti'A
week's number, an important accession to Lord 1/"` t
cabinet. The fact was too important to be kept a Bee et
s.,
nor was there any desire to conceal it—that the eablo-t
would gladly have received the adhesion of the the
member for the University et Oxford. Possessing 4
double qualification c f great efficiency in official datied,
and pre-eminent ability in debate, there has been el) 0
ministration. for a dozen years past which would not 13Z'irr
rtjoieed to gain the assistance of Mr. Glaelstoee• I°o
is there, we believe, any solid difficulty in the waY "pat
junction on the part cf Mr. Gladstone with the Ple:h-, t
government. Hence during the present wlf, that
gentleman has seriously entertained the proposal. have
if it were possible frr him to isolate himself, and to fs
regard solely to his own views and feelings' we tinield
that his accession to the cabinet of Lord DerhY %0
not be delayed another day. But there are few,teen W d
have passed 20 years in public life without ba‘agfc'nf
friend-hips and connections which cannot be left Ova•
to a
Vew when circumstances like the present happen b
cur. These coon, c ions, we believe, form the main °..
~0
stacle to that acceptance of high office by Mr. GldetleVd
a hich has been hoped for during several days Past' d.
b-
fear, that the hope ,at la a,t for the present, at
sae;
eat' ,
Other arrangements will therefore have to be arlr:
but the termination of the communications with
Mr.
Gladstone having only taken place within the 10t,' nir
hours, there has not been time for the completion 011"
other arrangement.--Press.