Harper v Chin

• Jurisdiction: Trinidad & Tobago
• Judge: Bastide, J.
• Judgment Date: 28 July 1966
• Neutral Citation: TT 1966 HC 11
• Docket Number: No. 226 of 1963
• Court: High Court (Trinidad and Tobago)
• Date: 28 July 1966

High Court of Justice

Karl de la Bastide, J.

No. 226 of 1963

Harper

and

Chin

Appearances:

Contract - Goods sold and delivered — Claim for the costs of these goods — Plaintiff claims from the defendant the sum of $774.23 as the price of cedar timber logs sold and delivered by him to the defendant in November 1962. Alleged that the defendant used some of his logs to fill an order for cedar lumber and promised to pay for them. — Court has come to the positive conclusion that the weight of evidence is in favour of the plaintiff. The probabilities also lean strongly in favour of the plaintiff's case. Judgment given in the plaintiff's favour in respect of his claim for $774.23 together with his taxed costs of suit against the defendant.

Bastide, J.

1 The plaintiff in this action claims from the defendant the sum of Seven hundred and seventy-four dollars and twenty three cents ($774.23) as the price of cedar timber logs sold and delivered by him to the defendant in November 1962 at the latter's Saw Mill at New Grant, in the Ward of Savana Grande.

2 The facts found by me after a full consideration of all available evidence was as follows:–

3 On 29th September 1962, the plaintiff who is a Planter and Wood Contractor residing at Tableland, had 129 cedar logs, of a nett measurement of 516.15 cubic feet, stacked on the side of North Trace Road about four to five miles from the — defendant's saw-mill at New Grant. He had cut those logs in the government forest nearby and had approached the defendant with the request that he transport them to his saw-mill and there cut them in accordance with such instructions as the plaintiff would, as usual, give from time to time as and when he got orders for lumber from his customers. I am quite satisfied that the defendant did transport the logs as required to his saw-mill during October 1962 and that they were deposited as is customary, in and near the save-mill yard to await the plaintiff's further instructions.

4 During the month of November 1962, the plaintiff who had received an order for some cedar boards from one of his customers, proceeded to the defendant's sawmill for the purpose of having some of his logs sawn to fill such order.

5 On arrival at the sawmill, the plaintiff observed several of his cedar lying around but almost immediately noticed that about five (5) of his big logs which he proposed to fill his customer's order were nowhere to be seen. He once spoke to the defendant who explained that he the defendants, had also received an order for cedar lumber and that as he was then short of logs, he had used some of the plaintiff's logs to fill such order.

6 Not surprisingly, the plaintiff complained to the defendant saying that he would now be unable to fill his own customers order at which the defendant replied “Don't mind that, I am going to pay you for all the logs at $1.50 per cubic foot as I have decided to take over all your logs” or some words to that effect. The defendant, according to the plaintiff's evidence, then further promised that he would pay him the sum of Two Hundred Dollars ($200.00) on account of the logs on the next Saturday and the balance in one month's time. The plaintiff after having agreed to that proposition left the sawmill.

7 On the next Saturday, the plaintiff returned to the sawmill accompanied by one Lewis alias “Joe” Thompson who had hauled the logs from...