HOUSE REMOVAL.

Hauraki Plains Gazette, Volume XXXII, Issue 4346, 23 November 1921, Page 4

HOUSE REMOVAL.

HEARING RESUMED. The house removal case, Vernon and Willoughby v. William Hall, claim of £224 in respect to a house removed by plaintiff for defendant from Waihi, was-resumed at the Paeroa S.M. Court on Monday, before Mr J. H. Salmon, S.M., His Worship reserving his decision. Mr Mont.ague appeared for the plaintiff and Mr Hanna for defendant. E. Hawkes, architect, of Auckland, said he had examined the building. He had found minor defects in the building of the house. It would have been an advantage to build the house a little higher from the ground, but the present position was not serious. The house was slightly out of plumb at the back, but it did not effect the building of- the house. From the work done he thought the price was a reasonable one. The time when the building had been erected the cost of building was at its highest. The cost of a new building of a similar size would be about £750 ,to £BOO, and an extra £5O or £6O for outbuildings. Replying to Mr Hanna witness said in a contract job the builder coußd be fhade to rectify errors at bis own ex-, pense, but working on a percentage basis that would not be so. If all defects were taken put of a re-erected house the job would be too costly. Cross-examined by Mr Montague, witness said if floods were prevented in the surrounding country the building would not depreciate in value. Greville Vernon said all contracts except one carried ’but by his firm were on a ten per cen. basis. The building w,as out of plumb in -the first place. It was impossible for. the building to get out of plumb in transit,. He had never had any conversation with defendant about building. In reply to Mr Hanna witness said the price for the building was made

up three months, ago, and the^ building inay have been finished about 15 months ago. He made no arrangements for building or shifting. If he made any errors in a job hie Would, on pi incipie, rectify them a,t ’his own cost. L. Hague-Smith admitted to Mr Hanna that, it was not a workmanlike job to put the supports out of plumb, but this would not greatly affect the stability of the building. Mr Hanna: The building is now leaning the opposite way to whati you say it was when you saw it. Reginald Roberts, building contractor, Paerpa, of 16 years experience, said it was pot a difficult matter .to straighten walls whew out of plumb. He could not agree with Mr Hawkes on this point. He would plumb a building without waiting to be told to do so. Mr Montague: Would not the stopbanking of the rivers .reduce the danger cf flood and practically wipe out .the factor of depreciation due to flood owing to the house being, low I—Yes.1 —Yes. David Marshall, farmer, Paeroa, millwright by trade, said he previously owned the house. He heard Mr Willoughby tell Mr Hall that he would shift the house for £BO as it stood. Hall said he would want alterations, and could spend up to £l5O. Willoughby said his price would be below £l5O. The house was three inches wider at! one end than at the other, but this did not mean that it was out of plumb. To Mr Montague : Witness admitted that it was he who built the house out of square by making a wrpng cut in the timber. Francis Eaddy, journeyman carpenter, Paerba, said he had been working on the house finishing it off. The workmanship on the building before he came “could have been better.” He had to take the architraves down and refit the miters, etc. The back door would not shut, but jammed, and there were sundry other defects.

To Mr Montague : Witness had been 16 years at his tirade. He did not know whether the place was jerrybuilt when at Waihi. William HaH, Paeroa, defendant in the action, detailed th© transaction. Willoughby had said the house was sound in every respect .a.t Waihi, and had estimated the cost of removal at about £BO. He enumerated to Willoughby the improvements he wanted, stating that he had £l5O to spend on the house, but np more. Willoughby said it would not cost £l5O, and he would do it on wages, without commission. When the house arrived on the grpund witness noticed that tho sections were riot marked, and none knew which parts corresponded. The place had been hacked about. Mr Vernon admitted, in the presence of Mr Pickwprth, .that h,e had been overcharged, and promised to reduce the account, but increased it by £3O instead Witness offered to accept an architect’s valuation of the job, plus 10 per cent. He finally had to buy tfie materials himself to finish the job. To Mr Montague : Witness had had about 14 years’ experience as a carpenter. Could you have inade the job pay at £BO ?—Yes. Your friend Mr Marshall said Willoughby must have been mad to do it for £BO. « Witness : I’m not Mr Marshall, I’m Mr Hall. It might have been worth £324 instead of £lso?—Yes, but he would not have got the job. Are you aware that the Public Works Department has put up stopbanks ? They intend to. His Worship: The point is that instructions were not carried out. If the man ordered it six inches 'off the ground and the contractor puts it four feet up, or vice versa, it is the same thing; instructions have been disobeyed in both cases. What the Pub lie Works Department intend to do

has nothing to do with the case. W. J. Simpson, plumber, apd manager for Messrs Battson and Son, Panrpa, gave evidence of bad plumbing werk. The iron, in front was put on by a man who knew nothing • about iron; the chimney flushing was bad, and the chimney itself was not plumb with the building.. It, .took him eleven hours, instead of 2%, to flush is. Summing up, Mr Hanna' said Mr Roberts had quoted £224 for the work completed. Mr Hall had bought materials valued at £ll3 3s 9d. Deducting this and Battson’s account, the balance would be £B4 Ils 2d, total amount owing by Mr Hall, less what damage he had suffered through inconvenience and bad workmanship. Mr Montague submitted that the not a definite estimate. He denied the allegations of negligence. The place was out of plumb in Waihi. Decision was reserved, owing to the mass of figures, to be examined before giving judgment.