COURT OF REQUESTS CLAIM ON A MILK CONTRACT.
The Mercury (Hobart, Tas. : 1860-1954) Saturday 6 August 1927 p 13 Articl
COURT OF REQUESTS
CLAIM ON A MILK CONTRACT.
The reserved judgment in the case of Reardon v. Balfour in the Court of Requests recently, was given yesterday by the Commissioner, Mr. 13. W. Turner. Lewis Bartholomew Reardon sued Henry William Balfour for £13 lCs due for 220 gallons of milk, supplied between April 27 and May 18, 1924. Evidence was taken on Monday last. Mr. Turner's judgment rends as follows:-:
In this case a quantity ot evidence has been submitted in support of the claim that clearly is not legally acceptable, and on objection by counsel must be rejected. The question is whether there is sufficient residue to establish the plaintiff's claim, or any part of it. Although it is a stale claim of over three years' standing, the plaintiff must properly satisfy the onus that is on him There is evidence of the contract to supply milk at 1s 3d per gallon delivered at Sorell, and that defendant made some payments on account, but as to dates and details the plaintiff relies on entries in a book which were not made by him nor is there any satisfactory evidence that he ever had the information whereby he might have recognised, the entries as true. To supplement this, I am asked to accept us evidence railway consignment notes not Identified by anyone, but produced by a railway offcial. I know of no rule of law which makes these admissible as evidence of fact at the most they might refresh the memory of anyone who had handled them at the time of the transaction, but no such person was produced. As no
one can speak as to dates or quantities of his own knowledge, and i have to reject the written memoranda as Inadmissible, nothing remains on which to founid a decision for the plaintiff. I enter a non-suit