LAW REPORTS.

Dominion, Volume 3, Issue 866, 12 July 1910, Page 9

LAW REPORTS.

SUPREME COURT, OROUA COUNTY COUNCIL SUED. BJUDGE-BUILDINO. CLAIM. Claim for payment upon a bridgemiilding contract: was made in the Suprem.j Court yeslenlay, in an action instituted by Slaiirico O'Connor, contractor, of AVellingtoii, against the Oroua County Council. The case was heard by the Chief Justice (Sir Robert Stout).

_ Mr. A. Gray and Mr. A. Pair appeared for the plaintiff, and Mr. A. L. Herdmnn for the defendant council.

Tho sum of .£lß9l Is. l<l. was claimed as the balance due upon < he contract and extras in conned ion with tile erection of a bridge. The contract, plaintiff alleged, was entered into on March 8, 1907. H was alleged that O'Connor validly contracted willi the County Council for (he erection of the bridge, according to sp?eilications at (.ho price of ,£18,0'.%'. Tim work v.MS completed in accordhr.co wif.!i the conditions, and certain extra work was ordered and duly executed at a cost of <£SS7 ss. 3il. The engineer's certificate was given Hint the work had been cowtilcte.il iiv iifttoulhwe Willi the. conditions, and Hint O'Connor was entitled to receive .£lo+7 18.=. as final payment. Die defence outlined in the plcadiivi was to the ott'ect that there was no vulkl contract. It was denied also that the work had been completed in accordance with the conditions, that ,CBB7 15s 3d had become due for extra work, ami that a qualified certificate was given stating that the work had bei.-i, completed. J. ho sum of £lUi 18s. Id. hml been pnid into court in satisfaction i.f the contractor s claim, and the council count erclaimed ,£433 as penalties for 151 davs' delay in currying out (ho work, at thernto of Jj3 per day. Mr. Fair asked that the statement of defence should be struck out, seeing that in tho original statement of defence the council had admitted liability for £im out there was a denial of the existencu ot a vuliil contract.

His Honour deferred consideration of tho point.

Evidence was given by the following witnesses :-J?or the plaintiff: Thomas Dillon (bridge contractor, of ■Wellington) Maurice O'Connor (plaintiff), William I'ercy HmnUeton (manager of the Dchpatch Iron Coiup,in,v, Grejimouth); for Iho definite: Henry James ITiiyns (civil r-nginocr, of l'alinerslon Nortli), and Ciiiirles Echvrvrd Hoslting (engineer, of Foxlon).

Tho Court arranged to hear argument in tho case this afternoon.