SUPREME COURT

Dominion, Volume 10, Issue 2954, 18 December 1916, Page 11

SUPREME COURT

Reserved judgment was delivered by llr. Justice Chapman in the Supreme Court on Saturday in an action brought by Frederick Richardson, contractor, oj Wellington, against tho Waiapu County Council. This ease, which was heard in Gisborne, arose out of a dispute in respect to the making of a road in the Waiapu. County.'.The amount of the tender was £9954, and it . was claimed that extra work brought the amount up to a very much larger sum. The main point at issue was that plaintiff contended that the contract was taken out of his hands by the County Council in terms of a letter signed by plaintiff. The jury found that the worii could have been done for less money than that which it. actually cost, and found a verdict for a substantial sum in favour of plaintiff, representing the difference between the contract pi-ice aud that which it ought, to have, cost tho County Council to complete. It was contended by the defendant council that under the contract the discretion of the County Engineer as to the cost of the work was 'absolute, and in the absence of fraud could not lie questioned by the jury. His Honour,'after'ruling iu favour of the defendants oil certain points raised, requested counsel to try and arrive at an agreement in rcspecfc olv some of the items in the, claim. Mr. C. P. Skerrctt appeared for. plaintiff, and Mr. T. W. Hislop for defendants.