Exeter County Court: Tuesday: Before Judge Fortescue: Dispute as to the Sale of Cider: Hellier v. Gibbs: Mr. Friend appeared for the plaintiff, who is a farmer residing at Dunsford, defendant, an innkeeper of Newton Abbot, was represented by Mr. Creed of that town. The action was brought to recover £15 4s being the price of eight hogsheads of cider sold by the plaintiff to the defendant. The sale took place in the early part of October 1878. It was new cider. Defendant upon receipt of it “racked” seven of the hogsheads and returned the casks; the other cask was not returned for some time after, but in the meantime no complaint was made as to the quality of the cider. In June last, plaintiff sent in his bill, and then for the first time, as he alleged, complaint was made as to the quality of the cider. … … (dispute over quality of cider) … Defendant found that it was not worth two-pence to him, as it was three parts new cider. There were bits of cork, paper etc. n the cider which the plaintiff sent. Mr. Holmes, agent to Messrs. Pynsent of Newton, brewers, who was present when the sale was affected, and had since tasted the cider corroborated the defendant’s evidence … A labourer, who was in the employ of the plaintiff when the cider was sold, was called to prove that Mr. Hellier mixed two hogsheads of old and inferior cider with that which he forwarded to the defendant, and not one hogshead only of old cider as plaintiff himself had stated … His Honour expressed himself of opinion that the plaintiff had acted somewhat dishonestly in mixing the old cider with the new, unknown to the defendant. He though, however, plaintiff was entitled to a verdict for £5, including the amount paid into Court. …
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