Title

Rahael Clint v. Arden & Strode.

Author

Sydney Herald.

Source

Sydney Herald (Sydney)

Details

23 June 1841, page 2, column 1.

Publication date

23 June 1841

Type

News

Language

English

Country of context

Australia

Web address

newspaper view

Full text

RAPHAEL CLINT v. ARDEN AND STRODE.

This was action of assumpsit, for goods sold and delivered, and for work and labour done by the plaintiff for the defendants, in the execution of a view of Melbourne. The plaintiff, an engraver in George-street, received an order in July last to print a sketch of Melbourne in lithograph for the defendants, who are the editors and publishers of a Newspaper in Melbourne. The plaintiff executed the print from a copper instead of from a lithograph engraving.

When the sketch was first executed, the plaintiff sent an impression of it to the defendants, and they, finding that the sky was too cloudy and dark, and that the print on the whole was not in their view a faithful representation of the beauties of Melbourne, returned it with corrections to the plaintiff; the defendants at the same time wrote to say that when altered they would accept the print if it were then such a sketch as they could publish under the sanction of their name. When sending the first impression of the first sketch, the plaintiff wrote to the defendants to say that it they did not approve of the print he would wish them to sell it on his account. The plaintiff altered the sketch according to the corrections, and sent 500 copies to the defendants. It was for these impressions that the action was brought.

Mr. WINDEYER, for the defendants, applied for a nonsuit, on the ground of the actions being in a wrong form, and of the plaintiffs not having proved an acceptance of the sketch by the defendants.

Mr. BROADHURST replied for the plaintiff and Mr. Justice BURTON left it to the Assessors to say whether they believed that the sketch, as altered, was accepted by the defendants.

After ten minutes' deliberation, the Assessors found a verdict for the defendants.

[Sydney Herald, 23 June 1841, p.2, col.1.]