SALE OF ROAD SCOOP.

Hauraki Plains Gazette, Volume XXXVIII, Issue 5201, 9 November 1927, Page 2

SALE OF ROAD SCOOP.

CONTRACTORS IN COURT. JUDGMENT FOR PLAINTIFF. At the Magistrate’s Court, Paeroa, before Mr F, W. Platts, S.M., F. V. Hennah (Mr R. S. Carden), contractor, Paeroa, sought to recover the sum of £8 from J. W. Hedley, contractor, Tahuna, being the value of a wheeled scoop purchased and delivered in March, 1924. Francis Vardon Hennah said that in March, 1924, the scoop, which was a two-wheeled one in good serviceable condition, was sold to defendant at his request. Defendant offered to Iqase the scoop, but after an interview he agreed to purchase it outright, and undertook to forward a cheque for the; amount agreed upon—£B. Defendant, took delivery of the implement from the roadside at the Maukoro estate, near Tahuna. A new lip had been added to the scoop and it was a particularly easy implement to work, and worth more than the price at which it was sold. The wheels alone; were worth at least £B. Although the implement had been left out in the weather for four months it had not deteriorated to any appreciable extent.. A similar scoop, new, would cost over £4O. Defendant, who conducted his own case asked plaintiff why he had not taken the scoop away with him when he completed the contract, ‘and receiveid the reply that it was because the reads were; too bad for it to travel over. A blacksmith at, Patetonga had not stated that the implement was. beyond repair. John Quinlivan, Paeroa, said that he had bought and used scoops for the past" 20 years. In 1924 new scoops ranged from £3's to £4O. A worn scoop, in good working order, would be worth from £l5 to £35, according to condition. A new lip attached to an old scoop would make it almost as good as ever it was. To defendant witness said that the link movement was the most vital part of any scoop. He would not leave his implements on the roadside after having completed a contract. Punch Taupaki, labourer, Tirohia, said that he had worked the scoop for some time, and it had done the job satisfactorily. In his opinion the wheels were the best part of the implement, although a. few shillings would have put the scoop in good condition. To defendant witness admitted that he was a step-son of plaintiff. He remembered the scoop being taken to the blacksmith to have the handles straightened.

J. W. Hedley, defendant, said that subsequent to meeting Mr Hennah the county boundaries were altered between Ohinemuri and Piako Counties. The Public Works Department had been- carrying on a reading scheme, for which Hennah had been the contractor. Later the contract lapsed on account of a difficulty over Native titles of certain lands. Later defendant’s son took over the contract, and found the scoop lying on the roadside. His son tried out the implement and found it useless. To Mr Carden defendant did hot, deny that a sale had taken place. The magistrate 'said that the defendant had apparently agreed to puichase the implement after he had seen its condition and worked with it. Judgment would be entered for plaintiff for the amount claimed, plus costs and witness* expenses amounting to £5 Is 6d.