G F ARNOLD v. CHARNOCK

This was an action to recover an amount due for bricks sold to the defendant. The sum in dispute was £1/15/0.

Mr Blagg appeared for the plaintiff, and Mr Annesley for the defendant.

Mr Arnold said he received a cheque from the defendant for a sum less by £3 than the amount sent in.

For the defence it was stated that instructions were given to the messenger not to part with the cheque unless Mr Arnold gave a receipt in full.

Mr Arnold said all the bricks he sent were used, and no complaint was made till the bill was sent in.

Thomas Honnor proved the delivery of the bricks. There were two sorts, seconds and bests.

Mr Annesley said that a quantity of the bricks were so bad that Mr Charnock directed his men to refuse them, but they were thrown into the yard, and more than half of them were spoilt. It was well known that Mr Charnock was in the habit of paying his bills as punctually as anybody; but many of the bricks were not worth a quarter what was charged for them.

A bricklayer named Bourne said he was foreman to Mr Charnock at the time these bricks were supplied. More than five thousand of the bricks were defective.

Mr Blagg: We have made an allowance of £1/5/0. No complaint was made until the bill was delivered.

The Judge: I am perfectly satisfied the bricks are not according to order, and that £3 is a very small sum for deduction, and ought to be allowed at once. The amount paid into court is more than sufficient, and I therefore give judgement for the defendant, together with his costs.