SALE OF A HORSE.

Gisborne Times, Volume XXVII, Issue 2057, 21 May 1909, Page 6

SALE OF A HORSE.

A QUESTION OF COMMISSION

At the Magistrate’s Court yesterday,before Mir W. A. Barton, (S.M., John George Johnston (Mr Stock) proceeded against John Foster (Mr to recover the sum of £l3 9s 4d in connection with the sale of a horse by the latter for the plaintiff. The sum of £8 10s was paid into Court in settlement, and the action was proceeded with to recover the balance. Plaintiff said that some time ago he had lent defendant a horse and told him that if he could sell it for £9 10s, he (defendant) should have £l. Some time afterwards he ascertained that the horse had been sold for £l3, but he was told .h.v defendant repeatedly that tinhorse was not sold to a man. named Miller. Defendant liad not since paid him the-amount for the horse.

To Mr. Blair: lie did not tell defendant- that he would take £8 10s for the horse, but he did say that lie would not mind losing £1 on the horse. He did. not tell defendant that lie could keep anything over £8 10s lie .got for the horse:- Defendant had sold other horses for him on the conditions that anything lie got over a certain sum he could keep. Defendant had done some carting, hut he did not owe defendant £8 for work done. The saV of the horse and the amount received fob it were admitted by the defence.

John Foster, the defendant, said that tin- transaction between himself and the plaintiff took place about eighteen months ago. Plaintiff said that he had been ‘.‘had” over the horse, for which lie had given £9 10s. He also told witness that if he got £8 10s for till) horse he would he satisfied, and that he (witness) could keep '■anything above that amount that he could obtain. He took the horse" on these terms, which were his usual .terms, and after four months lie. sold it for £l3. He did not pay plaintiff the sum of £8 10s because p’aiutiff owed him over that amount for carting. To Mr. -Stock: He had hilled plaintiff witli the amount, itemised. He never denied to plaintiff that he had sold the horse, after it was sold. His Wo-shi’ l . after commenting <m the confl ot of evidence, ; gave judgment for the plaintiff' for the amount paid into Court r ‘ 1 .. . i ——