SUPREME COURT.

Evening Star, Issue 3649, 2 November 1874, Page 2

SUPREME COURT.

CIVIL SITTINGS. Monday, November 2. (Before ilia Houor Mr Justice Chapman and a Special Jury.) Calder and Bell v.Brogden and Another. —This was an action brought by Hugh« alder and v'k alter Bell,contractors, forecovertbesnm of 1.1,860 5a lid, balance of amount du- for work and labor done, from Brogden and Sons. Messrs Stout .and Barton appeared for plaintiffs ; Messrs cmith and ctewart for defendant', who paid the sum of L 786 16s 5 i into Court.

Counsel for plaintiffs opened the case, showing that the churn arose out of a contract r aken by p'amtiffs for laying a portion of the permanent way of the Dunedin and Clnlha Railway ; and that it ino tided a large number of items of work done outside the terms of the contr.ct, ail of which were charged at the same rate as the w ti in the contract. Same of these items defendants had admitted, some tin y admitted as done, hut considered overcharged, and the rest they denied altogether. W. N. Bniir, district engineer, produced the plan of the eo tra t for the w. rk ia question, showing the perm imuit w y. Waller Bell, contractor, s id lie and Udder made an agreement with defendants to du certain work under a suh-c nuaet according to the pan produced. Tins wa-r to lay the permanent way on ground that had been previously formed. In lire plan the black line shews the formation ; the red line shows the correction to bo made by pbdotiff-r. Work was comm meed in April, 1873, and was finished in December of Die same year. Air a. J. Smyth was acting as : gent to defi nd tots. Plaintiff* acted under instructions from the Inspect t of Works, and .--myth to d witness to “ stand up for himself, or Mr Mai jorihanks would over-ride him ” Mr Marjoiibauks told witness at the commencement that lie aould not allow him to lay the permanent wa r h-.yend Andtrson’a Bay until he bad put the formation in r roper order # [>V it tics' then ar minute detail-, of ih > qmm ity of earth put on the formation. amounting in all to 6,0!)9 cubic yard.-, at 2- per yard,] It to k nearly as much liim- to lay the eadh as it did 1 o'ballast the "hole contract. The item of LIO!) 16s smr work outside the contract and defendants h..ve admitted and paid into (Vuirt part of i:. It was made up by earthwork, pitching Hones, Arc., and was charged for -=t the scherinl; price. The pitching was charged at 5s per yard, tke earthwr rk at 2s ; win rear-; the defendants only allowed at the rate of 4s and Ir6 i r sooc dv- ly. [' 'nun el Ur defendants then, to save time, menti m- d the various items (which ranger 1 fmm a rew shillings upwards) which they admitted, and tar amounts of which they bad p-i • i .to L’niir .) ihe same witness was 3‘ill under examsnation when we went to press.