Gildersleeve Vs McDougall.
There was an appeal by defendant from the judgement of the Court of Common Pleas, discharging a rule nise obtained by him to set aside a verdict obtained by plaintiff. This was an action for breach of contract tried before Osler, J. at the last assizes at Napanee. Plaintiff, who resides at Kingston, wrote to defendant in Montreal asking for an estimate for forging a cross-head for a steam engine for a steamer, to be finished at Kingston, and of the best material. Defendant telegraphed that he would do the forging for 7 cents per pound. Plaintiff replied by letter on the same day, admitting the receipt of the telegram, enclosing a drawing of the work to be done, with instructions to have it shipped as soon as possible. Defendant replied to this letter, saying he would forward the forging as soon as possible. The article was duly manufactured and despatched to plaintiff, but after having been set up in the steamer, it turned out to be defective, broke, and caused considerable damage. At the trial the plaintiff proved the contract by means of the letters and telegrams which had passed between himself and defendant. Plaintiff living in Kingston and defendant in Montreal, the latter was sued as a British subject out of jurisdiction, and shortly after the issue of the writ applied to set aside the service on the grounds that the cause of action was did not arise within Ontario. This application was refused, upon the plaintiff undertaking to prove at the trial of the case that the cause of action arose in Ontario. At the trial the defendant moved for a non-suit on the ground that the undertaking had not been complied with. A verdict was found for plaintiff for $85. In Easter term last a rule nisi was obtained by defendant to enter a non-suit, and in June the ? was discharged. From this judgement defendant now appeals, and the argument was heard on Friday, judgement being reserved, says the Mail. Dr. McMichael, Q.C. for appellant; J. Bethune, Q.C., for respondent.
Marine - The ship Garden Island left Andressan, Scotland, on Thursday afternoon for Havana, Cuba, coal laden.
The owner of the schr. Grantham has concluded a contract in accordance with which she will carry oak from Tyrconnell and Port Stanley to Kingston at $90 per $1,000 cubic feet - an excellent rate. This figure is equal to $100 from Toledo. The Jessie Breck refused a charter from Toledo to Kingston at $90.
Barges Purchased - Capt. S. Fraser has purchased the barges Gaskin and Southampton, and the steambarge Indian. The last named is now lying at this port. She will undergo alterations in order to fit her for the timber trade. Capt. Fraser has made an excellent charter from Bay City to Kingston.
Good Contracts - A Cleveland pork packing company has contracted with the propellers Africa and California to carry its freight to Montreal, each propeller to make a trip once a week. The pork will be shipped to England. Formerly this freight went via New York..