SUPREME COURT

Dominion, Volume 12, Issue 70, 17 December 1918, Page 7

SUPREME COURT

DISPUTE ABOUT A BUILDING CONTRACT

In the Supreme Court yesterday Ilis Honour the Chief Justice (Sir Robert Stout) heard argument, in the case of Nathr.ui Phillips, .of Wellington, ac''countant, plaintiff, and Frederick llulse, building contractor, defendant. Air. C. 11. jMorisnn, Ji.C., with him 11 r. I*. Levi, appeared for the plaintiff, and .Ur. A. W. lilair for tho defendant. It was set out in tho statement of claim that .defendant contracted with (lie plaintiff to buiid a dwelling house in Fnirvit;w Crescent, Kelbitrn, for the sum of J;!I10.' The defendant proceeded with the erection of the building, but in breach nf the contract tailed to comply with the plans and specifications in several respects. And by reason of this plaintilf claimed that: he was discharged from liability under the cou'truct, and that: the contract was no longer a legal bindijig obligation. Jn the alternative plaintiff claimed (hut, defendant by his conduct in committing the alleged breaches repudiated the contract, and plaintiff had accepted such repudiation. The plaintiff therefore claimed actual cost of remedying certain defaults and defects- J?24S Is. Id., arid damage in respect of such defaults and defects as have not been remedied .iJISfi t'ls, Id., a total of .pi l"»s. 1.1. For the defence certain allegations in the statement of claim 'were admitted, but others were denied, and the defendant further claimed that the contract between (he parties embodied the general conditions agreed to at o conference of delegates of the New Zealand Institute of Architects and the builders, held at Wellington on February 1G and 17, lillll, and that in terms of such conditions all questions, disputes, or differences arising between the employer and tho contractor were to be settled and determined by arbitration, a.tid that the subject matter of the action had been duly referred by the defendant to arbitration, and thai therefore .plaintiff was estopped from proceeding With tho action. Argument turned upon the general conditions of the contract as to whether the questions in dispute eliould not be submitted to arbitration. . For the plaintiff it was contended that the contract was repudiated, and that the contract 110 lon',or existed, and the. matter could in/, therefore, bo referred lo arbitration.

JTis Honour decided in favour of the plaintiff, and the case was adjourned, and will come on for hearing later. Tho question of costs was in the meanwhile reserved.

AUCKLAND CRIMINAL SESSIONS (By Telegraph—Press Association.) Aflckland, December 1(1. At the Supremo' Court, Patrick Unnn, concerning whom a jury disagreed last week, was retried on charges or breaking and entering and thelt in connection with the recent city burglaries, alfd found not guilty. James Davj-rn, Edward J. M'Clelland, and Walter N. l'apeseh, previously found guilty of breaking and entering with intent 'to commit a crime, came up for sentence.' Davern and ll'Clelhuul, who pleaded guilty,- were sentenced to two years' imprisonment,; followed 1 by five years' reformative treatment, the term lo run concurrently with"previous sentences. Papesch, who oil'a previous charge was admitted to probation, and pleaded not guilty to the present charge, was ordered to come up "for sentence when ordered. Florenco P. A. Hull, for bigamy, wa's placed on probation for two years.