DISTRICT COURT.

Globe, Volume XXIV, Issue 2473, 10 March 1882, Page 3

DISTRICT COURT.

OHBISXOHUKOH. Friday, Maboh 10. [Before his Honor Judge Ward.] J. B. BABKEB V S. M'LEAN. Mr MoOonnel, who appeared for the defendant, applied for an adjournment until next Court day, stating that the other side agreed. His Honor granted the adjournment, as asked. obeditoe’s trustee in the estate op H. B. WILLIAMS V A. DALLAS Mr Geo. Harper, on behalf of the plaintiff, applied for an adjournment until next Court day, on account of the absence of one of the principal witnesses. Mr Oonnel, who appeared for the defendant, did not object to the adjournment, which was accordingly granted. HINTON AND PRICE V A. LANDERGAN. Mr Holmes for the plaintiff, and Mr Joynt for the defendant. This was an action to recover the sum of £l6B 12s lOd, alleged to bo due on a contract for building a house. Mr Holmes having opened the case, called the following evidence : Biohard Hinton, builder, of Templeton, deposed that in December last he entered into a contract with the defendant, at Templeton, to re-erect a house in Armagh street. He was led to believe that, with the exception of a few flooring boards, the whole of the material was on the spot. The contract produced was written by Mr Landergan, and also the specification. The other contract produced was a copy of the original. They were both written at the same time, and signed by the parties. (The two contracts wore compared, and found to differ in two or three particulars ) The one shown him by Mr Holmes was the contract on which ho worked. During the progress of the work Mr Landergan was often present, but ho had no architect or foreman of works. He did not say anything to witness about the building, Mrs Landergan chiefly gave orders about the work while it was going on, and gavo instructions in tho presence of her husband to have some extra match-lining done. Witness agreed to do this work for £5 10s. Afterwards there were other extras ordered, including the match-lining of four rooms. A memorandum was made in Mr Landergan’s handwriting, specifying extras to the amount of £3O. The work was done. Subsequently there were other extras ordered. Witness was to build a dairy with the timber of an old house, which they were pulling down. £3 was the sum agreed upon with Mrs Landergan. The outhouse was built, and witness had to supply some of tho material—five sheets of iron and some rusticated weather boards, &3. Witness also supplied a quantity of timber and other material for tho house, and did extra work. During the progress of tho contract Mrs Landergan occupied one of the rooms of tho house for several nights. Witness saw the paper put on tho walls. It was properly done. Up to the day he left there were no complaints about tho manner in which the work had been done. Just before the roof was on Mrs Landergan said as he would finish altogether in a few days, he might as well wait and receive his money altogether, instead of as agreed half payment when the roof was on. Witness consented to this. Oo the day he gave up the house, Mrs Landergan, with the consent of witness, sent in a man to repair some shrinkage in tbe kitohen floor and do one rr two other small things. On the previous day Mrs Landergan had expressed herself satisfied with the way in which the work had been done. When witness left she was in possession of the house. This was on Thursday, On tho following Monday he received a letter from Mr Landergan, complaining that the work was badly done and refusing to pay the amount due until the matter had been referred to a disinterested parson, approved by both parties. Witness saw Mr Landergan in consequence of the letter, and applied for his money. He asked that the half payment that was agreed to bo given when the roof was on should at any rate be made. Mr Landergan referred him to his solicitor. Witness asked for tbe key, so that ho might see if anything further was required to be dens to the House. Subsequently obtained tho key, and, accompanied by Mr Oano, the architect, Mr Kerr, and others, visited the house, and discovered that some of the skirting round tho kitchen range had been broken off, some of tho paper torn, and a knob taken off one of tho doors. It was impossible for these damages to have been done by ordinary wear. There was some shrinkage in tho drawing-room floor, which could have been repaired for 10a. The witness was examined at length by Mr Joynt. [Left sitting.]