Law Report. - 3e for cJ3fr. yffufk;c Bnetra,Et . DAVIES -v. EAST, TrHiIS a6iion v'as broghet to r,cover the price of thtrteCC log s of maltog;alsv of thc defendaut, Yhm v was-a cabinlet miakcr. TFhe trade would in- form the Jury, tb.st this malh-ganav was per- fec9y well worth the nonce" Mr. Erlkine cai;lcd Mr. Stuart, who foid hr wass aefenetovh tlhis mahogany was bargained fur-It was to Le Sl. The defendant begari .ith pe anld irk to calcu- late, antL fd', itcwas a great deal of monicy, but Ile would tiv-e it; if Was not the heft n;hogauny, butct woui4d do for rhairs. This witnefs vas confirmed by Mr. Reynor.ls. Mr. Payne faid, he vias a coinct maker; lic had viewed the n)abogany it qt.einctd 0, h1;ad Inca- Lured it, andl thought it wsn worlth the tn-mcv. There *t%h two- or taree of rhcle log-s a little fhaken, but he inadci an ample :uloevsncc lor them. Twvo other w r itt fr a fwsvre to the f-.mc effc&. MIr. Mingayy, as dounfcl for cthe defendant, ob eerved totue J:rr-, if this nwas a lumping bargain, he couid not havc their veediS; but -i lie could Jhcwt hheltPihat thc plaintiff undlertook that evcri part of thefe logs nvas as good as the outfLlc, his clieet would:bejuflly entitlcd to thcir 'crdidl. If a toan goas,- and, after taierehiag Isis oxn jude- meny;(fa-ys, .v will givc you i Xl.- for it,- hc his no figh- to cojimplain aftcfrvards-if it fbiould not anfwer his expettations. When his client canic to turn over the woo,-.At oas as rnot: ea as a pear. He trufted, thereforc,. from rthc warranry of tltt foundnefs ttor-bring doi'nplird with, tbat they would find a verdi&e tor the defenidanit. The ffirftsititefs for defendant (aid, that Eaft depofcd to 5a-sib, he wvcs l an tint this ma:1- brogany all found-FlHe aid there sore holes in ir lo girat, that ynou tighit put your heid into then'. EaRt hLid, tlherc av:s no wittilis, and that hc would refer it to sbhtn aton.. Mr. Spittle faid,, he twsts a- carpenter and joiner ;. that he csam;incled the inahogssny, anid that ir vrws -hc woril lie: ever law. Ihefec log were placed together very fitagly, aied thIc bel fides turned op it win [-onuel as n ood. Mr. Wright colirinned the tcImio:ny of Mlr. Spittle, that it tve a fOutcd, though in fa w it as rotten. 1\r. Erlkine replijee o0 the parr of the plain - tiff, and fiid, that tmre al ivitncelles iln the Ilate 1t and. mcl eapPeist terms, had c:ipisinod this c an- traai withouL the eircumfllince ol a warran:t;.. This maho3ney was taot the bhil, hut it wvis l.? for the purpofC of tl:e dpfendIant, who xasc *sireg to matc ch.irs of it. A man maly hewy ti mber blinzdfold vith a *zitrasnv ; huet u ien he is to make a lumping b:rgaina, lie tnl t1 ll gt aid t x- aminc it. Thc defelidant is defcribed to have donc fo. H hls called no pcifiaii prirent at this contrwi. The quelion is, wlvtthec' the Jurn would be difpofcd to rake the e ideiec of thofe who sftirc prcecnt nt this contirr#-, in pr-efcrejce to the tetlinony of cholc albo teook it froemn iorne loote conver:stion of the defcndAnt. I-lit *incL- Les, bc faid, pro,cd tims termns of the contracl. The othcrs were not prefLnt. Me. Juaiic Buller flatcl to the fiory, that the queflicn in rhis caufc sc-i, swh:it Sisit the agreemret refpletiiiZ this toahogaity ? Oni the pirt of the tlaihitiff it is Laid, - the plaintiff was to be paid for it as it topear-ed. Oni tbe part of the defendant, it is Thulid, it seas all warrantted found. The agree-ent- stas tISI. Tlle L-fC eu'alt offers firle of all fletvtteen guineas for this insa- 3hogany, after he ladl once "leoed ir. Ilhen this is refofed by plaintiff, hc goes oLut a f cond time to exatnine it. I-lc thin encucs into this bargaut and promifes to pav him tSl. ljynrc, the feclnd witnefs for the pla%iirili, fbid, titerc wee (omne of thefe logs fhaIc-e, bu-It thist h he ld made -an amnple allowance f);- rhnit rottt r.nnfi. Yterdi$for th1e laistiff,, t t. L X i REI? P- a R-!. ' - COURT OF KINGYW5 BPTC? WVESTMINSTE.RI- HALL, Deccmtiz I1.
