There was some dispute about the legality of the hobbit as a non-standard measure in commerce after Parliament established the
Winchester measure. The hobbit's mixed use as a unit of both volume and of weight complicated the issue, as laws applied to the two cases differently. Courts sometimes nullified grain contracts denominated in hobbits, and sometimes upheld them, according to varying customs in precisely how hobbits were defined and measured. In 1825, the
Exchequer of Pleas heard the case of
Tyson v. Thomas, regarding an unfulfilled 1823 contract for the delivery of 20 hobbits of barley in
Llanrwst, at 10
shillings each. The price of barley subsequently increased, and the seller did not make delivery. The buyer sued, and the defendant argued that the contract was illegal because it was not based on the standard Winchester bushel. According to testimony, the Llanrwst market used a half-hobbit measure of two
pecks, but in practice a hobbit could vary from . The court agreed with the seller, finding that the hobbit was impermissible because it was not a fixed integer multiple of the bushel. The contract was therefore void. A similar argument was raised before the Exchequer of Pleas in
Owens v. Denton, concerning a sale of
malt, but the court held that the question of measures had no effect on the case because the account had already been settled. The 1852 case
Hughes v. Humphreys concerned a contract for the sale of 100 hobbits of wheat at 18 shillings per hobbit. Following custom, the grain was actually delivered in sacks weighed out to each, and converted to hobbits. The seller sued to obtain payment from the buyer, who argued that the contract was unenforceable because the hobbit was a non-standard and illegal measure of volume, contrary to Parliamentary establishment of the Winchester bushel for trade in grain. The magistrate at the local
assizes in
Flintshire, J. Williams, found for the defendant, voiding the contract. This ruling was reversed by the
Court of Queen's Bench, which reasoned that, in distinction to the
Tyson case, the hobbit in this instance was used as a measure of weight, not volume, and was defined as a fixed multiple of the pound. Because the sale of grain in pounds was allowed, the contract was deemed valid and was enforced. ==References==