The case of Roscoe L: Hambleton against Mrs, R. Moores and Mr. A. R. Moores came up before Judge GW. King, on Monday morning in M. Supreme Court, Mr. H. D. Rodger appeared for the plaintitt and Mr. K, E, Newman on behalf of the defendants.
The claim was for the alleged outstanding balance of Tis, 400 due to Roscoe Hambleton Tne, for one Frigidaire tank and refrigerator supplied by the plaintiff, sold and delivered to the defendants, owners: of the Ivy Dairy. 2 The defence Mr. Newman held would be a set-off. "Damages would not be claimed, but the machinery had been delivered in imperfect condition five months late. A year's guarantee went with it, but the plant was not working properly and had not been attended to by the plaintiffs, when asked to do so. The defendants, therefore, refused to pay the Tls. 400, which it was not disputed was due, until the machinery had been mended and put into working order.
Mr. Rodger said that the mac ery had not been wrong. and been inspected by the Public Health Department of the S. M. C. otherwise the dairy could' not be. holding its Grade A. licence as it was doing.
Judge King pointed out that the defence could not be properly termed set-off and it was suggested that the is, 400 should be paid into neutral hands, into Court, until the machiner, had been inspected and repaired" as necessary by the plaintiffs, after which the money -would be' handed over.
To this both the plaintiffs ant defendants agreed and Judge King then adjourned the ease until Monday, July 2, to stand out of the list sine dic if Settlement were reached
Text read from the printed page and cleaned; old type leaves the occasional error.