The Potteries Examiner : — 1874-07-11 (Stoke-on-Trent, Staffordshire, England)

IMPORTANT TO POTTERS.—The principal casu heard at this court, of interest to our readers, was the following i—Action for breach of contract—Mr. Shaw. earthenware matinfacturer, Burslem, AMA sad by Thomas Nicklin, potter. foreman, and James Frost, pottera' fireman, his partner, for ths, money allied to be due to them for servicos rendered try them Os confection .ita the use of a patent for firing potters' ovens. A jury was empanuelled.---Mr. Young (hatruc• lAA by Meson-a. Tennant) was for the plaintiffs, and Mr. Underhill (instructed by Messrs. Hand, Blakistoti, and Everett) wits for the defence—The ease for the plaintiff was as follows. In April, 18:1, the plaintiff patented an invention for firing potters' ovens. The spoon/Iffy of the new system was said to be that these would be, consequent upm the structural intrmluctious internally, a more general distribution and utilisation of heat and AM economising of fuel. Having got the system patouted, the plaintiffs net to work to get it introduced amongst the manufactories of the dl,tenet—Mr. Youug saki it worked admirably, cud could sot be impeached, upon legitimate grounds. Mr. Shaw, the defendant, sought the IMO of the invention, and communicated with the plaintiffs, the result being that in November, 1373, the plaintiffs and defendant came to an agreement that the plaintiff s were to allow Mr. Shaw the right toapply their system to any oven or ovens npou his manufactory, tee sum of x 43 to , he paid to the plaintiffs. The plaintiffs agreed to this, and ; undertook to superintend the erection of the first ovea. By ! the cud of December the oven was got onto working order, having b.O coustrueted suicide scold hovel. The plaintiffs saw the first firing, and it was perfectly satisfactory. After the oren had bum fired several times some of the workmen removed some bars which retained the fuel from the even, and made the firm upon the grenud, as in the old way. In ; consequence of ignorance or improper working by the men, the tiring wax not satisfactory. The defendant, althongh he Ind previously expressed complete satisfactiou with the aystern, refused aftss-warits to pay the Lti to the plaintlffa.— Mr. Young submitted that plaintiffs had properly performed their contract, and +ire not to be held responsible for any default in the tiring arising from eireumstaneta ever which they had no control. —Mr. Underhill said the defence was that there was no improvement at all. It was represented that there would be a saving of gb to 30 per cent, of fuel, hut there wtan nothing of the sort—His Honour oaiil that uulow there could be showu breach of warranty oi; rand, ot. lab; pert of the lnsntiffa, he eoolil out see that the ,lefnii,tant ith agreement with Mr. Shaw waa that they should superintend the MURK up of the oven and the first finng, for the comet .N. 45. At the first firing the ware was A little easy,'• not quite fired enough, yet it was is fairly satisfactory Oven. at the aoond firiug, which was conductirl by the defendant's moon, the ware was a little mere easy. Before the tiled firing the hearers and bars were removed. Mr. Shaw objected to the bars being removed, arid said it il.troyod part of the principal. The bars were redutroduced, and the next firing Was very satisfactory. Mr. Ford, the managet, said that it was the best oven of ware that had been fired npoattic place.—Mr. hiehltis ex• planted the firing wonld be affected by the kind of coal used and the allowance of draught. —After the usual adjoornment for luncheon, Mr. Young intimated that tot pasties had come tOOO arraugemeut to settle the dispute by arbitration. He said they were all ikairable to havoc satisfactory division given MOO, the point, and they all knew that in many of these matter; it very frequently happened that justice could be better oecurssi by appointing .ine penile skilled in the bunassstoioiorsnhsiowa mind with reference to all the circumstauces of the ca.; awl with that TWA he had nuliesi• tatiugly taken upon hauself the responsibility of advisin, each a colorne in the present balance, arid which had beer agreed upon by the other gide. They had agreed to refer the matter to Mr. Robert ot Lyeidlaurststreet, an experienced OTOITLIMU, and a gouthman much respected. It had also been agreed that the plaintiff and the defendants ' only should be allowed to atteud while the arbitrator was making the neiussary inquines, it lieing thought unnecewary , in this care to go through the formalities required usually no , arbitration cases. The certificate, which would be signed by the arbitrator, was by Loth tides to be considered as judgment in the OIMIA Honour expressed Lis approral of the course agreed upou.