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2 corrections, most recently by Hughesdarren - Show corrections

            OVERLANDING SHEEP

DROVER SUES SQUATTER.             ALLEGED BREACH OF CONTRACT.

In tha. First Civil Court this morning, before the Acting Chief Justice, Mr. Justice M'Mlllan, Michael Dro'mey, a drover, brought an action against S. R. C. , Elliott, grazier, owner of Annean Station, near Nannlne. in the Murchi

son district, claiming, £200 damages for: breach of contract, ' Mr. Nairn, instruCted by Messrs. Penny, Hill and Nairn appeared for the plaintiff, and Mr. Draper, instructed by Messrs. Parker and; Parker, for the defendant.             The facts of the case, as set out   by Mr Nairn, were that, plaintiff, a drover, had contracted with Mr. Elliott to overland a flock of 4,000 sheep from Sherlock Station, near Roebourne, to Annean Station, for 2s. a head. The   preliminary negotiations in the contract were carried through personally in Perth by plaintiff and defendant, and the final negotiations toy Mr. Flynn, as agent acting for Dromey and defendant. On August 17 the contract was agreed upon at the price of 2s. a head, and a

telegram despatched to Dromey in the country, advising him of the acceptance of his offer of 2s. per head for the drov ing. Immediately after the telegram had been despatched, Mr. Elliott met another drover, who offered to do the job at Is. 6d. per head. Thereupon Mr. Elliott sent a telegram countermanding tho agreement with Dromey. Plaintiff claimed to have lost £200 by the de fendant's failure to carry through his contract. Evidence for the plaintiff having been given, his Honor granted a non suit. He said while there was clear evidence as to an agreement with re ference to price, there was nothing in the nature of an agreement regarding other conditions. Judgment for the defendant, with costs, was entered.

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