CIVIL CASES

Dominion, Volume 12, Issue 71, 18 December 1918, Page 7

CIVIL CASES

DISPUTE OVEII. A. HOUSE. The attention of Mr. "\Y. G. Hiddcll, S.M., was occupied for a consiil.-raiilc tiniL" in 'hearing'a ■•'dispute regarding (he erection-.Qf a cottage at Hntnitni. Counsel for the plaintiff, Mr. A. AY- lilair, described the cottage as "one of the el:arniin,? little American type of bungalows. Tho plaintiff was Abraham Levy. M'Dulf, builder, of Ilataitai, who claimed trom Charles James Bennett,' settler, of KilIjiwiie;. a' sum of i'lCO 18s., .beinj balance of. moneys alleged to be duo.in, coniicii? tioii with', tho erection of the dwelling. ..'Defendant, who -was -■■ represented, by Mr M. ¥. Luclrie, counter-claimed' for ■£150 damages, alleging that I ho construction of the building was faulty, and not iii accordance with the specifications.' Defendant also sought to recover a .further ,£25 for expenses stated to have been in'curred by him owing, to plaintiff's .delay and faihire^o-properly.execute the work. ■The principal point at issue was. with regard: to the condition "of the roof and certain "extras." - : . Plaintiff said that after the plans had been . prepared defendant wanted an alteration made in. one'of the chimneys. This meant the use of extra material, ami he considered-that.tho charge of. 105... for this, work was very reasonable. At defendant's suggestion, some alterations had to bo made in connection with certain of the plumbing work, and further painting-and carpentering-.had "also.to, be done. In regard to the roof slates, about which ■ defendant raised a complaint, plaintiff said these had been fixed .in the. usual ■ manner f by means .of a ftal-. vanised clout and a..cramp. Any leak? that -might l)e evident. would disappear as, the slates.boc'ame hardened nnd settled down properly. Leaks in three, rooms were pointed out to Mm.. One by .the window in tho breakfast room appeared to-be due to the window being left open. , 'The others were so small as to be scarce? lyi noticeable. ' After the hearint; of furthor. evidence the case was adjourned till January. 21. OF A .TENEMENT. Mr. Hiddell gave judgment for Herbert Parson' Rawson aiid Joseph Godfrey. Holdsworth in a claim against J. 8.. I'ayton for possession of a. tenement and the sum of £U 53. His Worship ordered possession to be given up by January C, and allowed ilCs. solicitor's fee for-the plaintiff.