SUPREME COURT.

Dominion, Volume 10, Issue 2918, 2 November 1916, Page 9

SUPREME COURT.

CONTRACTOR AND CQUNOU, I Iu the Supreme Cpui'fc yesterday, Mr, Justice Chapman had boforo him the case of .Frederick. Eichardson, of Wellington, against ■ the AVaiapu County Counoil, the ease having boon removed ii'om tiisborno. The claim was for £GOOO alloge'd to bo owing by the'defendant. to tlio plaintiff,' and £1400 damage and loss, a total of . £7400, and arose out of a coiitraet for tlio formation and metalling of the TokomaruUikmvai. lioad, for which work the plaintilf was the successful tenderer at iUOS'I, After a largo part of .the work had been comploted, the plaintiff was ordered to widen the formation at certain places, which caused expense and delay. The defendant,. it • was alleged, wrongfully refused to pay plaintiff for the said extra work, and for material, and in consequence the plaintiff bccamc harassed and was. uriahlo .to carry on the works. Later plaintiff wrota to the defendant council asking it to carry out the work at the expense arid risk of plaintiffs. Defendants completed the work and sought to debit the plaintiff with the slim .of £9152 75., which was not admitted, it being alleged that an excess amount of £4176 was paid by the defendants for the carrying of metal, labour, and other works, at higher rates than were reasonable. In the amount of claim was.also an amount for deterioration of plari't and other itenjs belonging to plaintiff at the outcot of the work, and taken over by defendants.- The case was heard in the Supremo Court, Gisboriie, and the motion for judgment was taken yesterday. Mr. T, W. Hislop, with him Mr. 15. 0. Lovvy, appeared for plaintiff, and Mr. C. I'. Skerrett, K.C., with Lim Mr. 11, B. Lusk, of Napier, for the defendant council. . His Honour reserved his decision. OIIIHSTCIIU.R.OII CASKS.y Bj Telegraph—Press Association, Christohurcti, November 1. In the Supreme Court to-day, Augustus Walker, for theft of a. motor-cycle, was ordered to come up for sentence when called upon, on condition that ho enlisted. . Joso Gundersen, charged with forgery, ivas ordered to come up for sentence' when called l upon, on condition that he made restitution and enlisted. John Henry Dumble was sentenced to twelve ihonths' imprisonment for indeccnt assault iipon a girl. William Frederick Wilcox, James Lane Were, and' Alfred Robinson were found not guilty of committing mischief.'