EVESHAM. – FRIDAY
ACTION FOR FAILURE OF POTATO SEED. – Joseph Pope, farmer, Kempsey, and Joseph Yeates, potato dealer, Hylton-road, Worcester, were plantiffs in an action against E.J. Davis, potato salesman, Smithfield Market, Birmingham, to recover £5o, damages alleged to have been sustained by plantiff Pope (as sub-purchaser through and with plaintiff Yeates) by the failure of a crop and consequent loss of three tons 15 cwt. of seed potatoes purchased from defendant as Myatt’s seed potatoes, which potatoes were planted by Pope on his farm at Wickhamford, the same, it was alleged, being bad and not true to name. Mr.Buckmaster (instructed by Mr. Godfrey New) appeared for the plaintiffs, and Mr. McCardie, of Birmingham (instructed by Mr. O’Connor, of Birmingham) for the defendant. Mr’ McCardie raised several legal points upon one of which – that of jurisdiction – plaintiffs were nonsuited, hid Honour allowing leave to institute a new action if plaintiffs thought fit.