RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3306, 24 September 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday-, September 24. (Before I. N. Watt, Esq., R.M.)

Gibbs v. Smith.—Claim, L 3 ss, balance of account for work and labor done, and bricks supplied. Mr Joyce appeared for defendant, -Plaintiff stated that the balance claimed was due on a contract for removing a house, and for certam extras, and that defendant bad promised to pay it.—Cross-examined : The contract was for L2O, to remove two cottages ; and when d ( . fendant paid that amount, I gave tnr an account for LS 9s for extras, all of which she has paid hy instalments with the exception of the balance now claimed. 1 did the work properly, and without spoiling any of the timber.—David Storey : 1 am a seafaring man, and assisted plaintiff in pulling down the two houses. I heard defendant on one occasion say that plaintiff should “knock off” LI from the extras, as they came to so much. —Jane Smith, defendant: Plaintiff agreed to remove the two houses, aud put them up properly on their new site. This he did not do, aud 1 have been compelled to pay others to finish the work. Whon 1 paid him the L2O, he said he would not hurry me for the extras, but did not tell me the amount of them.— William Moody, carpenter : I was present when the contract was made. The house.*were to be put up in a finished state, but instead of that both houses were off the level uid the doors out of order. I was employed by defendant for five days, putting them to rights.—Mrs Johnson : I was present when the contract was made to remove the second house Judgment for defendant, with costs.