County Court: Monday: Pinsent v White: Mr. Templer for defendant. Plaintiff is a brewer Newton Bushel, and defendant a miller of Chudleigh. The sum sought to be recovered was £4 11s 6d on a disputed account. 6s 9d was paid into Court. Plaintiff stated that in Oct. 1860, he purchased a rick of hay from the defendant at a rate of £5 10s a ton, an entry of which was made in a book at the time; the book was produced. Defendant stated that Mr. Pinsent called to him as he was passing his house, and asked him what was going to sell the rick of hay for? £6 a ton was the answer. Plaintiff offered £5 10s which was refused; he afterwards offered £5 15s. Defendant told him it was worth a £6 ton and would not sell it for less. He was going away when the complainant called him back and agreed to give him £6 for it. Defendant bought a quantity of barley from the complainant, and when the account was rendered, the hay was credited at £5 10s per ton only. To this the defendant demurred and gave a cheque for the balance of account less the difference between £5 and £6 a ton for the hay. The 6s 9d paid into Court was the odd money over which the amount of the cheque was drawn, which was also tendered, but complainant’s clerk, Mr. Holmes, refused to take it, saying he owed them more; defendant, therefore, put it in his pocket again. A dealer named Harris, proved having hay of the defendant at the same time, at £6 a ton, and cut, bound, and carted it away himself. John Lear, hay merchant, in Nov. 1860, offered the defendant £6 per ton for the rick of hay, but was told it was already sold for that sum to Mr. Pinsent. His Honour had no doubt whatever, that £6 per ton was the price agreed for the hay. Judgment would be for the defendant with costs.
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