Legal Forms for Statements of Claim




2470
THE NEW ZEALAND GAZETTE.
[No: 73

60

No. 9.—ACTION ON A WARRANTY OF GOODS SOLD BY SAMPLE.

THE plaintiff claims £ __ for that the defendant warranted that [__ bags of oats] sold by the defendant to the plaintiff for £ __ were equal in quality and description to a sample shown to the plaintiff, yet the said [__ bags of oats] were not equal in quality and description to the sample, whereby the plaintiff lost the price paid by him for the same [or lost the difference between the price paid and the real value of the oats].

No. 10.—ACTION FOR BREACH OF WARRANTY OF A HORSE.

THE plaintiff claims £ __ for that the defendant sold a horse to the plaintiff for £ __ warranted sound [or here state actual warranty given], whereas the horse was not sound [or as above], and was resold by the plaintiff at a loss of £ __, and the plaintiff was put to expense in keeping the horse until the resale.

No. 11.—ACTION FOR GOODS WRONGFULLY TAKEN.

THE plaintiff claims the following goods, that is to say [Here enumerate and describe them carefully], of the value of £ __, the property of the plaintiff, taken by the defendant on or about the __ day of __, 19, and the plaintiff claims possession of the said goods, or £ __ in case possession cannot be had, and £ __ damages for the detention thereof.

No. 12.—ACTION FOR GOODS WRONGFULLY DETAINED.

THE plaintiff claims the following goods, that is to say [Here enumerate and describe them carefully], of the value of £ __, the property of the plaintiff, and detained by the defendant from the __ day of __, 19, until the date of the entering of the plaint herein; and the plaintiff says that before the entering of such plaint, to wit, on the __ day of __, 19, the plaintiff demanded the said goods from the defendant, but the defendant refused to deliver them. The plaintiff claims possession of the said goods, or £ __ in case possession cannot be had, and £ __ damages for their detention.

No. 13.—ACTION AGAINST BAILEE FOR NOT SAFELY KEEPING GOODS.

THE plaintiff claims £ __, the damages sustained by him by reason of the defendant not safely keeping and taking care of certain goods of the plaintiff placed in the care of the defendant, upon his promise to safely keep and take care of them and to redeliver them to the plaintiff on request, and which goods were spoiled, broken, and damaged while in the defendant’s care.

No. 14.—CLAIM FOR RENT.

THE plaintiff claims from the defendant the sum of £ __ for rent of a certain cottage let by the plaintiff to the defendant on the __ day of __, 19, at a weekly rental of __ shillings, of which rent __ weeks, to wit, from the __ day of __, 19, to the __ day of __, 19____, are still due and unpaid.

No. 15.—CLAIM FOR USE AND OCCUPATION.

THE plaintiff claims from the defendant the sum of £ __ for the defendant’s use and occupation of pasture land of the plaintiff, and the grazing thereon by the defendant’s sheep, from the __ day of __, 19, to the __ day of __, 19. The plaintiff says that no agreement was made for the use by the defendant of the said pasture land, but that the use thereof for the said period is reasonably worth £ __.

No. 16.—CLAIM FOR AGISTMENT.

THE plaintiff claims £ __ for the agistment, feeding, and taking-care of horses, cattle, and sheep by the plaintiff for the defendant, at his request, between __ day of __, 19, and the __ day of __, 19____, as under:—

4 horses @ 1s. 6d. per week, 4 weeks, £ __, &c.

No. 17. ACTION AGAINST TENANT FOR NOT USING IN A TENANT-LIKE MANNER.

THE plaintiff claims £ __, damages sustained by the plaintiff by reason of the untenanted-like and improper use by the defendant of a house, buildings, and furniture, of which the defendant was tenant to the plaintiff upon the terms that the defendant should use the said house, buildings, and furniture in a tenant-like and proper manner. [Here state the particulars of neglect.]

No. 18.—ACTION FOR WORK DONE AS A SOLICITOR.

THE plaintiff claims £ __ for services rendered [and moneys paid] by him as the solicitor of and for the defendant, full particulars of which have been already given in a signed bill delivered to the defendant before the commencement of this action, copy of which bill is hereto attached.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1920, No 73


NZLII PDF NZ Gazette 1920, No 73





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⚖️ Table of Forms of Statements of Claim (continued from previous page)

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Legal Forms, Statements of Claim, Magistrates' Courts