DISTRICT COURT.—Tuesday.

Auckland Star, Volume II, Issue 343, 14 February 1871, Page 2

DISTRICT COURT.— Tuesday.

[Before Thomas Beckham, Esq., District Judge.] An adjourned sitting of this Court was held to-diiy, and the following cases were heard : — Gregory t. Maurice Kelly. — Claim, £100. Mr. Brooktteld for plaintiff. Mr. Wynn for the defendant. This was a claim for damages on account of alleged breach of contract. Tho plaintiff contracted with dofendant to cut timber at 3s. per 100 feet, undertaking to draw tho timber so cut to the beach. 9339 feet were cut and drawn to the beach, .^oirie words arose between tho parties, and the defendant refused plaintiff to remove certain wood for the erection of a whare. Plaintiff deposed that he obtained a guarantee from Mr. Craig, but defendant would not allow the timber to be removed until it was paid for. The timber was valued in the market afc 12s the 100 feet. Ttio plaintiff said he was loser in actual loss of over £f>o, besides the damage arising from the non-ful-filment of the contract into which defendant I had entered. Thu defendant gave a very different account of the alleged contrao . He said three men named Donnelly, Pcmberton, and the plaintiff came to him and wanted to saw limber. He directed them where they might get a job. He saw they were " a bit] knocked about," and he allowed them to go' into the bush. Ho would . charge them for1 the carting, and gave them the timber " free gratis." All the men were each for himself. Never refused to cart the timber. Gregory's share was still on the ground, aud defendant was ready to deliver it at any time.—Mr. Brookfield said he would take a nonsuit.