DISTRICT COURT GREYMOUTH.

Kumara Times, Issue 1665, 30 January 1882, Page 2

DISTRICT COURT GREYMOUTH.

[Before His Honor Judge Broad.] [FROM THE ARGUS.] IN THE MATTER OF THE APPLICATION* OF JOHN HUGHES (A JUDGMENT CREDITOR), AND IN RE JAMES RUGG (A bankrupt). H is Honor said he was not at present disposed to make the order asked for, but he would not refuse it altogether. The matter would stand over to the next sitting of the Court. MARTIN AN'D CALDWELL V. COUNTY COUNCIL OF WESTLAXD. Action to recover £2OO damages caused to plaintiffs through breach"of contract. Mr Perkins appeared for plaintiffs, and Mr Guinness for the Comity Council. The facts so far as proved were that defendants tenderel for certain County works, and that the Couucil accepted their tender by resolution, and a letter to that effect was sent them by the County Chairman. It was practically admitted that the contract, which was for £312, was in effect only a verbal one. Mr Guinness and Mr Perkins addressed the Court at some length upon the nonsuit points raised by the former, and His Honor ruled that section 2 of the Counties Act Amendment Act, 1877, repealed by implication section 173 of the Counties Act, 1875, and that the provisions of section 12 of the Public Works Act, 1876 were substituted in lieu thereof. That b.-ing so, it was evident that this was not a written contract within subsection 2, it was not evidenced in a manner that

would make it binding as a written contiact upon the County, and as a parol contract it wa.s ultra vires, as the County had no po-.ver to make a parol contract fur more than £2O. Plaintiffs* were nonsuited with £l9 Lis cost. RE EDWARD ROGERS. Upon the motion of Mr Guinness the deed of arrangement herein was declared completely executed.