State Reports Queensland (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...of warranty concerning the expenditure which would necessarily be incurred for a certain purpose. At the trial the pleadings were, to some extent, disregarded. The whole matter in dispute between the parties was raised, which involved the issues, whether it was the intention of the parties that specific cattle should pass to the plaintiff under an agreement between the parties, whether there had been an accord and satisfaction of the agreement by the plaintiffs acceptance of certain cattle delivered by the defendant, whether there was any breach of warranty, and the amount of damage. The claim for specific damages was abandoned. The jury found for the defendant on the issue of warranty, and he was allowed his costs of that issue. They found that there was no accord and satisfaction, that the parties intended by the agreement that specific cattle should pass to the plaintiff, and gave damages in a sum which represented the difference in value between the property purchased by, and the property actually delivered to, the plaintiff, and judgment was delivered in his favour for this amount, but without costs. ' Held, that under these circumstances the plaintiff could not be deprived of the general costs of the action. APPEAL AND CROSS-APPEAL from a judgment of Cooper C.J., on a trial before him with a jury. In this case the plaintiff endorsed his writ for the moneys had and received by the defendant for and on behalf of the plaintiff, and for damages for short delivery and defective quality of cattle, and for damages for breach of an agreement made between the plaintiff and the defendant, dated 20th April, 1907. This agreement stated that the defendant agreed to sell, and the plaintiff to purchase " all the right, title, and interest in...