Woxe Yer-roo v. Lixpsay anp Heap.
Claim for $99.50, bargain money, tobe returnable for non-fulfilment of contract, Mr. Lixpsay appeared for the firm, and stated that he had a counter claim, and applied for the plaintiff to tind security, that he would abide the decision of the Court on the whole matter.
PLAINTIFF agreed to give security.
Derexpaxr:—If the case is decided against him, will he take the goods?
Piarrire:—No.
Tls. 75, and should have to sell by auction, The market is very low at present. estimated the I 25, and asked for DEFENDANT, ver to his Worship, Tis, 50 security to be given before the case was heard, Plaintiff persisted in stating that the difference in colour was the reason why he did not fulfil the contract, and said: 1 think that the case can never he decided agai Is, 78 bargain money.' I'am only " broker Tam in the right, having already paid
the transaction, I bought the goods for a merchant who will not take them on account of the colour, I bought through a foreign broker.
DevENDaxr, swart ated—I expect to have a countor claim against the plaintiff should this ase be decided against me. 'The market has dropped about 75 cents per piece. Fire insurance and godown hire will also be due, and I estimate the loss on the transaction to about Tls. 125, and I have Tls. 75, leaving Th 50 due me.' am unwilling to appear against him at the Mixed Court, apply that security be given either in money or sureties, PLAINTIFF agreeil to find security, His Worsutr—Who will you get?
DeresDaxr said he would be satisfied with that.
Woxe Yer-roo, cautioned, then stated:—I am a trader in Foreign goods. I arranged to buy on the 14th October last, 170 pieces of Camlets of various colours, at Ils. 14 por piece, delivery in three weeks from date, I took delivery on the 28th October of 10 pieces Black Camlets, 1 produce the contract note. I had gone to take delivery of 20 pieces (2 bales), but I only received 10 pieces bale). Defendant said there was no more forme. I paid the sum of Tls. 280 for the 20 pieces. The next day the half (value of 10 pieces) Tls. 140 was paid back to me by Mr. Lindsay. 'I did not go myself on the 28th, Isent my apprentice to get the godown order for 20 pieces. I gave him is, 280. He brought back a godown order for two bales. Isent in the evening a coolie for the bales, The coolie brought back only 10 pieces, and told me that was all he could get from Mr. Lindsay. [went to the firm on the 29th and saw Mr. Lindsay. He told me that he had only one bale in the godown. I said I wanted one more. He replied, 'I have only one, and will pay you back Tis, 140." He did so. I declined to carry out the contract because there were ten pieces short. I told Mr. Lindsay so at the same time, I have paid Tis, 75 bargain money, which I want returned.
By the Derexpaxt—I went myself to you; there was no one with me on the 29th, "You told mo to go to the compradore's office to get the money. You gave me a cheque.
Derexvasr, sworn, stated—I sold the goods ju question on the 14th of Oct through a er 5 none were taken delivery of until the
Text read from the printed page and cleaned; old type leaves the occasional error.