Woolmer's Exeter and Plymouth Gazette 13 Mar 1852 Tiverton County Court CARNELL v. ROOKLEY

Woolmer's Exeter and Plymouth Gazette Saturday 13 Mar 1852 Page 8


TIVERTON COUNTY COURT.

This Court was held yesterday (Thursday), at the Town Hall, before J. TYRRELL, Esq., Judge.


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ROBERT CARNELL v. JOHN ROOKLEY. - Claim for £2 for four empty hogsheads, supplied full of cider in 1848. Defendant admitted having the articles in dispute, but alleged that he sold Mr. CARNELL a mare for £7, and took four hogsheads of cider for £6, the remaining £1 being left to be paid on the return of the casks. Plaintiff stated that he exchanged the four hogsheads for the horse. He promised to lend him the horse to plough a field if he wanted it; but he never applied to him for it. He applied to him after the casks were empty, and he promised to send them to him. - ROOKLEY deposed that plaintiff had twice promised to send the horse to plough the ground, but had never done so. He called his wife Mary, who said that when the complainant purchased the mare he wanted to take it away the next day, but her husband said he wanted to plough an acre of ground. - Mr. CARNELL replied that he wanted the mare very particularly, and that if he would let him have it that day he would lend him three horses when the field was ready for ploughing. That, however, he had failed to do. - His Honour ordered the casks to be returned, and the plaintiff to pay ROOKLEY 7s. in lieu of the ploughing before the next Court day, when he would decide as to the expenses.


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