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

COURT OF QUEEN'S BENCH.

(Sittings in Banco, before Lords Campbell, Mr. Justice
Coleridge, Mr. Justice Erie, and Mr. Justice

Crompton.)
IMPORTANT JUDGMENT TO AUCTIONEERS-OCIKENDEN p•

RENLY.

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
plaint ff 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 put•
chase. The plaintiff resold the premises by auctioa
for 1051, and sued the defendant to recover the deposit
money, 241. ; the deficiency, 151. ; and the costs of re'
sale, 9/. ss. ; and at the trial which took place before
Mr. Justice Erle at Westminster, in Hilary term last, *
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 WO
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 3
was contended that if he chose to resell the property he
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 bit
public auction or private contract, and any deficiency Ur,
may arise upon such resale, together with all expenses Ale
tending the same, shall immediately after such woad eist
be made good by such defaulter, and on xon-payolell
thereof such amount shall be recoverable by the vendor se
and for liquidated damages, without the necessity of Pr.;
viously tendering an assignment or other assurance to tti
defaulter, bat any increase of price that may be product
at such second sale shall belong to the vendor."
Lord Campbell, in delivering judgment, said it vO.
was well settled at common law, following out the rule
of civil law, that pecuniary deposits on purchases Ors
to be considered payment in part of the purchase-moot
and not as a mere pledge. Therefore' in this case, if the
deposit had been paid the balance only of the purobal
money would have remained payable. The Coat
thought the plaintiff was only entitled to the differefl
between the balance of the purchase-money on the fir
,h,
sale and the money obtained upon the re-sale. I,
judgment of the Court was that the verdict ought to 11"
reduced to 245. 9d.
Judgment accordingly.

POLICE INTELLIGENCE.—(This Day')

MARLBOROUGH STREET.
BRUTAL ASSAULT ON A YEDIALX.—Mary Beard, 15,
rather ill-favoured woman, was charged with coromitit6
the following assault on Mary Ann Gidden, the daOP4
ter of a coffee-shop keeper in Compton-street, Soho.
From the evidence of the prosecutrix, a good-lookt
young woman, it appeared that the prisoner was 0:a
vent in the house, and that a quarrel having en°
between the waitress and the prisoner, she (presecutriaj
sent the waitress for a constable. As soon as sbe
gone, the prisoner set upon her, knocked her br"
against the wall in a most violent manner, and baVI
got her on the floor, she got her head between her kne
and tore hes hair off her head and nearly all the
cloth
0
from her back, struck her several violent blows 00 tit,
head, and in consequence, of her ill-usage she Was '-
great pain.
The waitress was called, and said that when sbe rie;
turned she found her young mistress with all her clotb%,
torn off, and in the state described by the prosecutL.
With the assistance of a gentleman she released ;lir
young mistress from the prisoner, who was bellai'"
in the most violent manner.
tea
In answer to Mr. Bingham, the prisoner conduct'
herself in such a manner as to impress every one
Court with the idea 0: at she was a 'perfect virisgto
She, in addition to denying the charge, attempteu
damage the waitress's character.
Mr. Bingham said if there was a woman tigress dila°
prisoner was one. He should fine her 205., or, she Ws°
be committed in default.
The prisoner said " she would not mind if it 11.°
sick months."

THAMES.
STEALING A HORSE AND CART AND A HOGSHEAD
~ •
SUGAR.—John Sandford, a well known thief, formervho
carman, who is connected with a gang of villainsw*".
have taken away horses, waggons, and carte, with lorti
quantities of tea, sugar, and coffee, was charged to.
stealing a horse, cart, and a hogshead of sugar, the Pri,
perty of Mr. George Hooper, of Great Gadsden, Ile'
fordebire. u.
On Satut day afternoon a hogshead of sugar Wog de
sr
vered to a carman earned Sears, from one of the sal,
warehouses in the West India Dock. Sears, a siolol
countryman, who was employed to drive a horse !s
cart with the sugar to Great Gadsden, received a writ;.,
pass to enable him to leave the dock, a delife
note, and other passes. He had driven his b° r 4
and cart as far as Dunbar's office, in the West Indic-c°44
when the prisoner accosted him hastily, and said, ;it)
have got the wrong papers ; make haste back to, ;ire
dock—l'll take care of your horse and cart." n-ic
believing that the prisoner had been sent from the o°,t;
pulled up at the side of the footpath, and ran brio_%,..
the dock, where he ascertained that his papers ^1;0
correct. He hastened back to the place where b°
his horse and cart, and it was not to be seen. It abe:
peered from the evidence .of Jacob Callows, by irades
lighterrnan, and now a labourer, and dwelling at 10:.01:
Devonshire-street, Commercial-road, that his atteo'leoe
was called to the " horse and cart thievee",noo
the dock, and that. directly the countryman Pej,
was sent back to the dock cn a fictitious sutra,
the prisoner beckoned to two of his coefederit'll.
and one of them removed the horses nosebag, and di
prisoner and another jumped into the cart and
nsdrevt.if
in the direction of Salmons-lane. Callows imeciio" a
communicated what he had seen to Hugh Brosnabartj
police-constable, No. 261 H. immediate pursuit
"7;0.
made by the constable and George George, a Co__Alit' I'o
("
house officer. They came up with the horse and "-e0
the middle of Salmons-lane, in which one of the this l 0
leaped from it and made his escape. The prisonerlrsilt
a desperate resistance, but was ultimately secure°'.oo
Ras stated that the prisoners confidant in this audoi 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 deftell
said I have nothing to say. He was remanded 'cc; ef
week. The carman was permitted to take the los
sugar to Great Gadsden.

MR. GLADSTONE AND THE MINISTRY. Vire br,-;0
son to expect, until within the last six hours, 01'00
should have had the pleasure of announcing, h-/'0
week's number, an important accession to Lord Der
cabinet. The fact was too important to be kept a °rip-0$
nor was there any desire to conceal it—that the ca :;iol'
would gladly have received the adhesion of the 68
the
member for the University of Oxford. Possessing ;;e0
double qualification of great efficiency in official da''ci.
and pre-eminent ability in debate, there has been 11,11
ministration for a dozen years past which would net ;0
jot
rejoiced to gain the assistance of Mr. Glaestone• of
is there, we believe, any solid, difficulty in the "s°l.;ent
junction on the part of Mr. Gladstone with the pr that
government. Hence during the preient week,' pa
gentleman has seriously entertained the propos,.
if it were possible for him to isolate himself, and to 13.11,6
regard solely to his own views and feelings, we bei;Bol4
that his accession to the cabinet of Lord Dab,' Abe
not bo delved another day. But there are few wen, -noti
have passed 20 years in public life without having of
friendships and connections which cannot be left out
n o
f C.
vew when circumstances like the present happen ob-
cur. These coon' c ions, we believe, form the ntiltope
stacle to that acceptance of high office by Mr. Glef"We
which has been hoped for during several days Pee'
fear that the hope is, at least for the present, at an ecr3i,,.
Other arrangements will therefore have to be nief-r"
but the termination of the communications with 'l,l
Gladstone having only taken place within the last le,„
hours, there bas not been time for the completion of Si3's
other arrangement.—Press.