MAGISTRATE'S DECISION REVERSED

Dominion, Volume 9, Issue 2808, 28 June 1916, Page 9

MAGISTRATE'S DECISION REVERSED

At the Supreme Court yesterday, Mr. Justice Chapman's judgment in the appeal case. Freclfirick G. Saudors and others (appellants), contractors for 'tlio Wellington Opera House Company, and Messrs. W. Strango and Co. (respondents), furnishers, of Wellington .and Christchurch, was delivered by the Begis-. trar. . There were two actions between tho same parties and the appeal was made from the Magistrate's ■ decision in favour of respondents, and tho whole case was reported in The Dominion of May 13 last. The respondents had furnished the Opera House, Wellington, and tho question . Mr. Justice Chapman bad to deci(l6 was whether the appellants wero liablo to pay for certain furnishings either because they contracted to do So or because a contract to do so was brought about by 6ome agent capable of binding them, and the whole question arose out of a.reservation of a kind, very often made in building contracts vcSpecting what is called "prime cost." Tho claim in the first action was for "a plusb drop-curtain and extra drapes as per contract," .£164 3s. Gd.; and the second action was for material anJ time, called extras, and amounted to <;55 ?s. Od. The contract for the whole building vras .£32,880, and' 'the achitect's ■ represcnta. tive entered into a contract with the respondents to supply the curtain and extras; and under the contract with the appellants the architect meant "the said William Pitt or his representative." After reviewing the evidence and citing the cases quoted in support of ithe appeal, His Honour Mr. Justice Chapman continued: "There- has been a good deal of controversy at times as ,to_ whether tho architect has authority to bind tho owner by such a contract. ... Here we have no knowledge of the architect having professed to havb such authority, certainly none that the contractor was ever asked to confer it, and none that the respondent ever jacted on the assumption that he had iV In the circumstances, Mr, Justice Chapman held that ho was only called upou to decide a question of fact, and that it must be decided in favour of tho /appellants. His Honour allvweil costs at twenty guineas—JilO 10s. in respect of each .case, and disbursements. The solicitors for tho appellants were Messrs. O. and R. Beere, and for the respondents Messrs. M'Grath and Willis.