Commercial dispute (1870)

Post date: Feb 04, 2014 3:25:58 PM

Maidstone Telegraph of 16th July reporting on County Court

Thomas Walker v. John Beadle.

—Plaintiff, who is a sawyer by trade, at Malling, sued defendant, residingWateringbury, for 11s 9d balance of account of £1 7s 9d for sawing of wood.

Defendant stated that he had paid into court 5s 8d and dispute the remainder of his liability.

Plaintiff, in answer to the Judge as to his statement accounts said that his charges were made out as follows: —

For cutting seven posts at 1s. 6d, 10s. 6d. six posts at 1s. each, 6s. : 18 pair and one rail at 6d. per pair, 9s. 3d. and ten cross-cuts at 2s; making a total of £1 7s 9d of which sum 11s. 9d. was due.

The defendant said that the posts were an overcharge; that the cross-cuts were never done, and if they had been were never charged for in the trade.

His Honour—Have you any person here to prove the overcharge ?

Defendant—No; I have papers of what others charge (handing up some papers.)

His Honour—Keep your papers to yourself. Have you any one here ?

Defendant—No. His Honour—You have admitted owing 5s 8d. Why didn't you pay it before. You have got no witness. It is not for you to say it is an overcharge.

Verdict for plaintiff with mileage.