| Notes |
- Windsor & Eton Express Sat 19 June 1852
EAST v FOSTER
A jury was empannelled to hear this case which was an action to recover £50 for breach of agreement. Mr Griffits ( instructed by Mr. Darvill) appeared for the plaintiff; Mr Lawrence (instructed by Mr Voules) for the defendent.
Mr Griffits stated in the case for the plaintiff. He said the action was bought by Mary East, the administratrix of James East, to recover from William Foster the sum of £50, as damages for breach of agreement. The agreement, executed on the 12th of August 1851, stipulated that the defendent agreed to take of Jeames East ( who died in the month of October last) the furniture, fixtures, and such things as he had a right to sell, then on the premises at the Red Lion at Colnbrook. The defendent bound himself to forfeit £50 if he failed to carry out the agreement. The valuation was made by Mr Dunn, who acting for all parties, and when it was completed, the defendent refused to take possion on the ground that certian things were included in the inventory which ought not be included. Messrs. Jennings of the Windsor, the owners of the Red Lion agreed to accept the defendent, but his behaviour was so unbusinesslike that they afterwards refused to do so. The plaintiff had done all in her power to carry out the agreement, had been put to considerable expense and inconveneince, and was fully entitled to receive the $50 forfeited under terms of the agreement. There were other attempts to induce the defendent to take possession, but they resulted in no arrangement, and had readlly nothing to do with the present issue. The learned gentleman called the following witnesses:-
Mrs. Mary East, the plaintiff, deposed that her late husband died on the 14th October 1851. They then occupied the Red Lion at Colnbrook and witness is still in the occupation of the same house. Witness recollected that defendant was present on the 27th Augusy, and objected to take the pigs and poultry. Witness and her husband had arranged to leave on the 27th of August, and had taken part of theit furniture to Langley. The defendent had seen the pigs and poultry before the 27th of August, and did not object to them.
Cross examined by Lawrence: Recollected when the defendant came to look over the place in July, and did not heat him object to the out-door fixtures. The pigs and poultry were taken to the Red Lion by witness and her late husband.
Mr R. P. Dunn deposed that he was extensively engaged in making valuations ot public houses, and was engaged by MR. East to make the valuation in 1850. Mr Adams, of Staines, valued on the other side, and the sum agreed was £175. In 1851 witness was engaged jointly be East and Foster. The latter said he was willling to take the whole of the effects on the premsis, and that he should be satsfied without a swcond appraisor. Defendent also said he had seen the Messrs. Jennings, the landlords. Witness gave each of the parties a copy of the agreement, and asked if they would have it stamped. They said they would not: they intend carrying it out and would not go to the expense of a stamp. Witness made the valuation of the 26th August, and on the next day told the defendant the inventry amounted to £165 4s.
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There are no more details pertaining to the property.
The case was won by Mrs East with damages of £10.
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