DISTRICT COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 350, 25 November 1879, Page 2

DISTRICT COURT.

At the sittings of the District Court, Christchurch, on Thursday last,,the following case was heard:—

OKAIN'S BAY BOAD BOARD V. KENNY.

Mr Wynn Williams appeared for the plaintiffs; Mr Izard for the defendant. This was a case in which .the plaintiffs had entered into a contract with defendant for the making of a certain road, the work to be paid for on measurement. The plaintiffs now said that an error in the measurement had occurred, in consequence of which defendant had been overpaid. The action was brought to recover the excess paid, viz., £145 11s 6d.

For the plaintiffs the following evidence was called:—

Mr Fenton, engineer, residing at Akaroa, deposed: The trenching was 145 chains and 30 links, a difference of 45 links between me and the clerk, and of 20 chains 20 links between me and the defendant. The amount of excess charged for this was £75 18s. Defendant charged 1253 feet of culverts, and should have charged for only 956. The excess was 377 feet, which comes to £73 11s 6d. The Board has claimed the return only of £67 19s.

In cross-examination the "witness explained that the difference between his calculations and those of the contractor had occurred through the latter measuring area instead of radial feet in the culverts.

His Honor gave judgment for plaintiffs for £143 17s and costs.