DISTRICT COURT.

Globe, Volume XXIV, Issue 2422, 10 January 1882, Page 3

DISTRICT COURT.

CHRISTCHURCH. Tuesday, January 10. [Before his Honor Judge Ward.] The monthly sitting of the Court was commenced this morning at eleven o’clock. S. GILES T E B. BELL. This was an action to recover £93 7s, balance alleged to be due on a building contract. Mr Stringer appeared for the plaintiff, and Mr Harper for the defendant. Tho particulars of tho claim stated that the amount of the contract was £350, and that there wsre extras to the amount of £23 7s 2d, making a total of £373 7e. Credit was given to defendant for cash received at various times amounting to £240, and an allowance was made of £4O to enable the defendant to completi the work, leaving a balance of £93 7s. Mr Stringer, having opened the case, called— S. O.les, the plaintiff, who deposed that he agreed to build a house at Eendalltown for Captain Bell for £350. Ho commenced the work on the 12th January, and continued it until the 14th April, when he told Captain Bell ie would have to throw the contract up, as it vas not paying wages, and be would bo unable to finish it. Witness then left the work. Tho defendant within a fortnight put somecne else on to finish tho house. Some extra work was done. The stables were enlarges and tbe lining made for two rooms. It was tgreed that £l6 should be paid for enlargiig the stables, and £8 was the price charged for lining the rooms. The extras occupied about seven or eight days. He had received £240 on account of the contract.

Onas-examined—He was no party to the work being continued after he gave up tho contract. Mr Kelsey was his timber merchant, and had received all the money that was laid to witness on account of the contract, and had paid all the wages. Did not begin work until nearly a week after the contnot was signed because he had to get the limbs’ ready. The time fixed for completing the jtb was nine weeks. The order for some of th) extras was given before tbe expiration of tlafc time. Captain Bell lent witness his horse and dray for the purpose of carting timbr from town, a distance of about five miles It was a friendly traueactiou, and witnes did not agree to pay anything for the use o: the horse and dray. (Witness was examind at some length with reference to detail of the contract) Never told Captain Bell ,fter hegave up the contract that he bad no firther claim against him. THs closed the plaintiff’s case. Captain Bell, the defendant, deposed that on tie 13th of April the plaintiff told him he couh not finish the work, as Mr Kelsey, his timbr merchant, would not let him have any more money. Witness asked who was to complete the work, and plaintiff said “ Complete it yourself,” and handed witness the contact and specification. In the July followiig plaintiff sent in an account for £93 7s. Witless said to him “I don’t owe you anything” and he replied “I know you don’t, but leleey and Co, are trying to force money fromme and they sent me to try and arrange to git some from you. They can’t get any money from me and can only take it out of my hide,”