Newton County Court: Monday: Before J. Tyrrell, Esq., Judge: … … Pinsent v. Samuel White: The plaintiff is a brewer of Newton Bushell, and he claimed the sum of £4 11s 6d from the defendant, who is a miller residing at Chudleigh. Mr. Templar appeared for the defendant and disputed the amount. His client had paid 6s 9d into court and submitted that that was all that was due from him. There was only one item in dispute, and that was with respect to some hay. His Honour would find in the accounts a credit for … cash, and a hay account of £87 12s. About the month of October 1860, the plaintiff bought some hay of the defendant agreeing to pay him the sum of £6 per ton. He afterwards only paid him £5 10s per ton. The hay at £5 10s a ton would realise £37 12s while at £6, which Mr. Pinsent first agreed to pay, would bring £41 1s 9d, thus making a difference in the price of £3 9s 9d. The plaintiff has also charged in the account the sum of 15s as interest, which he submitted to his Honour there was no foundation for whatever, making the plaintiff’s claim, with the 6s 9d paid into court. £4 11s 6d. He (Mr. Templar) however submitted that £3 3s 9d was due to the defendant on the hay account at the rate of £6 and that, with the deduction of the interest would leave a balance in favour of the plaintiff of 6s 9d, which had been paid into court. The plaintiff denied having agreed to pay the defendant more than £5 10s for the hay and stated that he bought hay from other parties about the same time as he purchased from the defendant for £5 5s, and that of very good quality. Mr. Templar called the defendant, who swore that he had a conversation with the plaintiff in the month of October 1860, respecting the purchase of a quantity of hay, and that after a few words respecting the price, the plaintiff agreed to take some from him at £6 per ton. But when the account was settled, he only paid him at the rate of £5 10s and denied the original agreement. He called a witness named Harris, who said he had bought half a ton of hay of the defendant, about the time referred to, at the price of £6 per ton and he considered that a fair price as it was then expected to become more expensive. His Honour gave judgement for the defendant with costs.
[See also Western Daily Mercury: Thursday 1st December 1864]
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
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901