Action Against an Exeter Firm for Breach of Contract: The principal and most interesting case heard at the Torquay County Court, on Saturday, before M. Fortescue, Esq., Judge, was that in which Mr. David Gibbons, proprietor of the Gibbons’s Commercial Hotel, Torquay, sued Messrs. George and Charles Finch, wine and spirit merchants of Exeter, for £17 10s for alleged breach of contract. The action, which occupied over four hours, was tried by a jury. Mr. Watts of Newton appeared for the plaintiff and Mr. Toby, of Exeter for the defendants. The plaintiff’s case, as presented by his advocate, was that on the 14th December, 1875, Mr. Downey, who was at that time a traveller in the employ of the defendants, called on Mr. Gibbons, and the result of a conversation was that Mr. Downey agreed to supply the plaintiff with three hogsheads of Hennessy’s and two hogsheads of Martell’s brandies, at 4s 10d per gallon, in quarter casks. A contract to this effect, written out by Mr. Downey, was stamped by Mr. Gibbons, but the contract was afterwards repudiated by the defendants … Mr. Gibbons denied, in cross-examination, that he ever said to the defendants that their traveller was drunk when the contract was signed, or that Mr. G. Finch said that Mr. Downey undertook the contract on his own responsibility. Evidence that the price of brandies was from 5s 9d to 6s per gallon at the time those contracted for were due to be delivered to the plaintiff was given by Mr. W. Pinsent, brewer and wine and spirit merchant, of Newton; and Mr. Alexander Lorimer, landlord of the Falcon Inn, Torquay, who was the defendants’ traveller in the plaintiffs office when the contract was drawn up, said he (Mr. Downey) was perfectly sober … … The question put before the jury by his Honour was whether a person sent out with a list of prices, as in this case, had general authority to sell under those prices given him by the customs of the trade. If he had such authority, the defendants would be bound by the contract, but, if on the other hand, the traveller was so drunk that he could not make a rational or proper bargain, he would not even himself be bound by the contract thus made. The jury gave a verdict for the plaintiff for £13 15s.
Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.
Referenced
GRO0911 Devonport: William Swain Pinsent: 1843 – 1920