[contract, breach of - cattle - non-suit - Van Diemen's Land decisions]

Loane, Esq. v. Gunning
Supreme Court
Field J., October 1818?
Source: Sydney Gazette, 20 February 1819

This was an action for non-performance of a contract by which the defendant agreed to sell to the plaintiff all his cattle at £5 per head, to be delivered in six days. A fortnight after the date of the contract 55 or 56 head were branded with the plaintiff's mark and delivered to his order, and afterwards 20 head more were so marked and delivered, the plaintiff and the defendant being both present. It was proved that the defendant had at least 10 head more, but refused to let the plaintiff had any more, deleting that the quantity already delivered more than covered his former debt to the plaintiff. The plaintiff charged the defendant with a debt of £600 but not being able to prove more than £248 and not having tended the price of the cattle before he demanded more, he was non-suited.

Note

This was taken from the Hobart Town Gazette and republished in the Sydney Gazette.