SUPREME COURT.

Evening Star, Issue 4261, 23 October 1876, Page 2

SUPREME COURT.

CIVIL SITTINGS. MOHDAY, OCTOBEE 23. (Before Mi Justice Williams and a Special Jury.) V * Wt AND J * BE «w--Caaim L2lB 19s 6d, due under an agreement. Mr Macassev annemed assay* ****** « y^S let to Eobert Clarke a contract ceS ft™?™*** 0 ' ? ct leBS tluml.Otfanlnotmore E£2n fh? a^ r6S - ■««*»«* was drawn up beI tween theparUs.nnder certain conditions, principal ' among which were that plaintiff was tobepaidl6s SS5f f!^ endantß were to put up a house and fo * convenience, and supply him with oate,cha^ andstoreaatcertainflxedprices; plaintiff *?JT L*** wastoploughtheland asfcllowsT-With single-furrow ploughs 6in x 12in furrow; with deuble-furrow 5m x lOin furrow. Plaintiflinthe declaration aUeged that he ploughed 982 a 8r of the SISCT } 7a,] }* " ec( » B a r 7 to complete the agreement with defendants. The latter, however, refused »? A «nt tw P^ ceed ' *** T lo ,** **» a tetter stating that they would decline to pass his ?v. r &-«. , • bems according to conditions. raintiff s claim was mvJe up as follows Ift itß** 1 * !« 3d; cartage of "wheat. 1i61756d ; survey fees paid for defendants, L3O- - for the 17a. lr. not ploughed, at 15s per ffi^VW 5 L 786 17s el Igrinsfc tb£ hZ t Si^ 8 ol 4 "H? payments amounting £256 19s 10d, leaving a balance due of L 213 19s 6d. £^ B + 'J. e8 i for ., the l to answer were-(l) whether or not the land was properly ploughed and according to conditions; (2) whether thfland so ploughed amounted to 982 a. Br. ; (8) whether defendants wrongfully refused to allow plaintiff to ploughlTa! to.of land, thereby breaking the contract entered mto \ proceeded to call witnesses. „^£? ? Clarke plaintiff, said he was a farmer and contractor, residing at Hillend. Had followed ploughing for sixteen years, and ploughed from 600 £,&% aoreß £ Apriflast ™f t^l ag S? eßienl? ' ■! al £ Te « with defendants, and went over the ground. It was very rough with gracs, and had never been turned up beforef AtSw I a IIH" 1 wrote to the defendants asking if they had the .house and stables ready for him to comon as fast as they could, and requestinghim t5 commence on the following Monday. On June 19 \ William Begg allowed witness over part of theland and witness began work on the 29th. The Bhepherd w- d hun v t ? ]flP?» hj B P to a certain boundary. Witness had thirty-three horses on the ground, witii ploughmen, cook, and blacksmith. On July 6 William himself satisfied with the Ploughing. Witness was getting through from twelve to fifteen acres per day. Cm tteSitdff dant found fault with witness for not ploughing up the cr*b holes and some swampy ground. Witness 1114^00^ 1 tbx. cnTlStai if W £l d w ho V l "™,i ow « was to be done, the holes being 18in deep m some places. On ihe 4th defendants wrote to witness about the work, and W iM eßS^ phed ' 'or an arbitration to be held. Messrs Petne, M'Parlane, and Paul-all fanners and experienced ploughmen-were appointed and went over the ploughing. No agreement was drawn up. John Begg saying his word was SL ,5? A is "fr whatever decision was armed at he would be bound by. When making the examinatten Job* Beg* pointed out a „S the riding-horses could not work, and asked if that could be called ploughing. M'Par' lane said the crab-hole might be dW up with a spade, but it could not be ploughed. The result of the inspection was that the arbitrators unanimously passed the work as having been done accord, mg to specifications, and they put their decision in writing. John Begg protested against it, and Wilham Be™ said he would think over it for a lew SSELi! 7 *n a tim ® witaess had got through about X 3"5 8, «. one th^ Be «P saidliewouldliotK cared if tho arbitrators had given a farthing dafnTl a f aiUßfc - W o^ ne3B - 0a September 1 defendants paid witness MOO on account, and made a further ffi 6 ?* ?"°«*<>l»ere. Eventually tused to let wKnesa plough any more, and «wh ptirty got a survey made of the landploughed. Wit1 B 8 * surveyors named Scott and Henderson. To the former he had paid L3O, but the latter wu-not yet paid Defendants' surveyor mdl to land ploughed only L943a. Br. [Left sitting.]