CLAIM AGAINST CARTERS

Gisborne Times, Volume XXVI, Issue 2315, 7 October 1908, Page 2

CLAIM AGAINST CARTERS

BUILDERS’ COMMISSION. A claim against carters was heard yesterday afternoon in the Magistrate’s Court, when Black Bros. (Mr T. A. Coleman), proceeded against Gordon Bros. (Mr H. Bright), to recover £4 10s, being £2 for commission alleged to be due on a carting contract, and £2 10s in connection with t : lie completion of the contract. Walter S. Black, one of the plaintiffs, said that on March 13th last he arranged with defendants in regard to a carting job for Dr Cole, and made an entry in his hook for the amount of £63. Both defendants iS>er© present, and the price arranged to be given by Dr Cole was £65, and J. Gordon said £2 plaintiffs were to bfi paid for their trouble, because they, had been unable to find the defendants, after looking for them for about_ 8 hours. Defendants first gavo a price at £67, but witness told them that Dr Cole would not agree to that. He saw Dr Cole and he accepted the tender of £65. Both defendants came in the same afternoon and witness told them that Dr Cole had said they could go on with the carting. He also-- told defendants that he had put on £2 for plaintiff’s trouble, and they acquiesced. The carting was commenced, and after the work had been completed, witness authorised the payment of £65 by Dr Cole t-o the defendants. The £65 was paid to the defendants, and a little later the same day witness asked the defendants for the £2 which had been promised for their trouble in the mat-' terr' James Gordon said when plaintiffs paid defendants £3 for carting sand they would pay the plaintiffs the £2 promised. He refused to pay for the carting of sand, and defendants obtained judgment against him for the £3, which had since been paid. While the other case was pending, J. Gordon came to witness’ office ,-and repeated his offer to pay the £2 for their trouble if they (the plaintiffs) would pay the £3 for carting sand. - Witness’ brother refused to adopt this course as -he wanted a proper settling up. Eighteen loads were carted to AVhangara for £63, but only sixteen were delivered, and all the timber was not carted to the job. Witness saw Win. Gordon in regard to this and asked him to take up the balance of the material. Wm. Gordon asked witness to make other arrangements to have the material delivered, and that he was willing to pay half the cost. ‘ Witness took the load up and the amount claimed, £2 10s, was a reasonable one.

To Mr Bright: It was Jim Gordon who suggested the payment of £2 for the plaintiffs. Defendant did not offer to take a trial load each to Whangara and see if it could be done for £63, and if not they would have to charge the £65. The value of the load lie took himself to Whangara was about £2 7s 6d, and he charged defendants £2 10s for the job. This extra carting was not a result of miscalculation on his part of the quantity of timber required. Allen Black gave evidence of -a conversation with Jas. Gordon after tho money had been paid. Gordon asked him if they were going to pay him £1 11s owing, and witness replied that they were. Witness said to Gordon, “You' know very well that that £2 was agreed upon,” and Gordon said iho would pay it if plaintiffs would pay the £3 for carting sand. Previously J. Gordon said he would do the carting job for £SB, and witness liad told him he could not possibly do it at the price. For tlie defence— James Gordon, carrier, detailed the arrangements made for the carting contract. Mr W. Black gave them a rough estimate, and witness and Wm. Gordon worked it out at £69. This Walter Black said was rather high, and witness reduced it to £65. Black said that this was still too high, and witness asked him what was the price wanted, and Black replied £63. Witness suggested to leavo the amount •at £65 until after the first loads. This was eventually agreed to, and then he told Black that the iob could not be done under £65. Black agreed to pay £OS, and this amount was paid on the completion of tlie contract. No mention was made of commission, but Walter Black mentioned discount and witness told him that the job was cut too fine for discount to be allowed. The .last load in the -contract was taken up to Whangara on April 30, and tho load taken up by Walter Black was taken up at least a fortnight later. Mr ’Walter Black said he bad made a mistake in the timber he bad sent up, and asked witness for the loan of a trail to take it up. Witness said he had no trap, and that ended the conversation. The last loads taken up were only- half .loads, and lie could easily have taken tho timber that had to be sent up afterwards. Both witness and W. L. Gordon asked Black if the last loads they took completed the contract, and Black replied that they . did. Wm. Lyons Gordon gave, similar evidence to that of the previous witness. This concluded the evidence for the defence, and after counsel liad addressed the Court, His AVorsbip said that the evidence was most conflicting and to put -it "very mildly, somebody was making a big.,mistake. He was of tlie opinion that the defendants had agreed to pay tlie £2 for commission on plaintiff’s trouble, but lie could not allow anything for the claim for £2 10s, cartage claimed as it was performed after the contract had been completed and pa.vment made for it. .Judgment would be for tho plaintiffs for £2 with costs ' £1 12s, * J