[sale of goods]

Dunkley v. Cleburne

Supreme Court of Van Diemen’s Land

Pedder C.J., 11 September 1839

Source: Tasmanian, 20 September 1839[1]

Before Sir John Lewes Pedder, Knt., and a Jury of four

            This action was brought to recover the sum of £18, the value of a sugar mill alleged to have been sold to the defendant. The Attorney General for Plaintiff, and Mr. Horne for the defence.

By the evidence produced on the part of plaintiff, it appeared, that, about the first of May, defendant called upon plaintiff, for the purpose of obtaining a coffee roaster, but there was not one ready; upon seeing a sugar mill, the defendant said, that he should like to have it, and enquired the price; plaintiff said, it ought to be £20, but he would let him have it for £18, and he might take it to his house to try it, if he did not keep it longer than two hours, but if he kept it over that time, he should consider it a purchase; upon looking at the machine, defendant pointed out, that a tooth was out; plaintiff said it was no matter, it might be done by any blacksmith; defendant expressed himself satisfied with this, and said he would send his cart for it; on the 2nd May, the cart came, and took away the mill; and on the 11th of the same month, a man came, with the mill in a cart, and said he was authorised to bring it back; Mr. Dunkley said, it was the property of Mr. Cleburne, and he (plaintiff) could not receive it; the man then drove away with the mill, but shortly afterwards returned, with another man, when they said, that they were ordered to put down the mill; Mr. Dungley said, that they should not put it upon this premises; upon which, they put it upon the adjoining pavement, where it remained until last Monday week, when it was moved upon his premises, by some person at present unknown.

The Jury returned a verdict for plaintiff damages £18. [In justice to the defendant, however, we may add, that it came out in evidence, that he had twice offered to leave it to the arbitration of any two respectable tradesmen, whether or not he ought to be obliged to keep the mill - Ed].