Denton Examiner, Audenshaw, Hooley Hill and Dukinfield Advertiser. — 1876-12-09 (Denton, Greater Manchester, England)

ACTION FOR BREACH OF CONTRACT. Newton Moor Spinning Company v. T. W. Hilton and Cie—This was an action brought to recover the difference in the market price on 20,000 lb of yarn, ordered by the defendants, refused by teem, and afterwards sold at a lose. Mr. Baylis, Q.C., atm Mr. Edge were for the plaintiffs; Mr. Edwards, QC., and Mr. Crompton foretne defendants. The plaintiffs carry on business at the lindens and Albert Mills, at Dukinfield, and the defendant is a yarn agent trading under the style of T. W. Hilton and Co., Manchester. On the Sad May alter some preliminary correspo denim, the defendant, acting through a Mr. Bayley, his agent, gave. to the plaintiffs, through their agent, Mr. Wild, an order for 20,000113 of 46's yarn, at 11d, per lb. Some time after the plaintiffs sent an invoice for part of the goads, and on the 31st May the defendants sent back this invoice,stating that they were obliged to return it, as they could not induce their friends to take the yarn. mad were consequently unable to receive it then. The company replied, expressing their surprise at this ref ural, stating that the yarn had been made specially, and hoping the defendants would make arraneements to take it. Afte- some further correspondence the plaint.ffe wrote to say that they should charge defendants with the difference in the market price on the order, they having been obliged to sell the yarn at a loss; and ultimately. as defendants made no arrangements and still refined to pay the money, the pr :ant action was brought to recover this difference, amounting to £.BO. On the part of the plaintiffs it was contended that the usage of the yarn trade in Manchester was that, where a yarn agent, buying fro.n a spinner, got a certain commission, and did not di-nlose at the time of purchase the name of the buyer behind him, the agent himself became the principal, and was liable for the goods.  A long argumest took place on this poidt between the learned Commissioner and counsel. Mr. Edwards contending that no snob usage was generally known, net that if it were to be taken as established it would have a ruinous effect on half the agents in Marboheeter. A witness named Sawyer, who was called for the defence, said that he had bad thirty years' experi• ence on the Exchange. When an agent bought yarn and did not disclose toe buyer's name he was sometimes considered liable. Ile did not consider himself liable. Where he got l per cent he guaranteed payment of the acaount only, but not in a eaco where the yarn was not delivered. Mr Edwards: Savoie an agent becomes insolvent, would the spiuuer be entitle I to come moon the buyer? Witness: I suppose so. In reply to further questions the witness said there was no wavers.). rill . It was sometimes done one way and POlnethries anotoer. Mr. Edwards for tae defeuac contended, first, that what the plaintiffs callei a usage was merely a matter of bargain at Lilt time; secondly, that the defendants were only agent+ and not principles, and therefore not limns; and, thirdly, dist the difference in the market price was not BO great as th, plaintiff alleged. In summing tip the Commissioner said it was fos the jury to gay whether toe alleged usage had been satisfaidorily established. The jury mond that the alleged usage had been satisfactorily established; teat the defendant adopted the contract, and wan liable for the full amount claimed. On the application of Mr. Edwards, two points were reserved for discussion before the learned Commis loner. First, as to the question of the original contract being incomplete; and, secondly, as to the admissibility of the custom.  MURDER AND rE I) SUICIDE  IN DE/LlfSillttE.  Between three awl four o cloak on Tuesday morning, a man na no, G iitrge 011erenshaw, who resides in Back lane, At.. , turn a Derbyshire, murdered his wife by cuitau; .rer throat with a razor., almost severing her he.s.ioO her body while she lay asleep in her bed. Th.: shirts was given by a daughter of the murderer, WWI lived in the house, and „whom he also attempted to murder. She. however, escaped by jumping through the window. The murderer afterwards attempted to commit suicide by cutting his own throat, He had been a labourer in the employment of th 3 late Mr. Harple, of Ashbourne, but had more lately been out of work. There seems to be little doubt that the murderer was the victim of insanity ; for since the death of his former master he had been a patient at, Mickleover Asylum, and was at the time of the tragedy an out patient of the Derby Infirmary, which he visited on Monday. lie had borne a very good character, and no traces of insanity were observable until after the death of Hr. Harpies. It seems that fears were entertained of 011erenshaw, for his razors were always watched ; and on Honday, when he visited Derby, it was found that tue weapon was gone. 011erenshaw is at present unable to leave the home, and is in charge of the police.  ABBEY litY