RESIDENT MAGISTRATE'S COURT.

Lyell Times and Central Buller Gazette, Volume V, Issue 235, 15 August 1885, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, sth August, 18->5. (Before Frank 'Dim, Esq., YI.V, ■ H. \\. Mason v. Annie Young. —Claim tor £l2 10s. bein.n charge of £i!J 10s, for d awing certain plain and specifications lor a building, an 1 £'2 travelling expenses. Mr Lynch for plaintiff, and Mr Haselden for defendant. Plaintiff deposed that in November 18t>, defendant came to him, of her own accord, and said she was going to build at Inangahua Junction bridge, and required him to draw plans and specifications, explaining what sort of a place she required. Later on, in the Alhambra Hotel, defendant had referred to the matter in the presence of himself and a number of witnesses. Shortly afterwards, he took the plans, &c., down to her place at Inangahua Junction. She approved of them, and wanted them left so as to be referred to the Licensing o Bencn at Boatman's, to whom she intended applying for a license. My estimate of the cost of a building such as that described by her, is £'looo ; while she

reckoned it would not take more than «£"2o0. In cross-examination by Mr Haselden, plaintiff said he did not know what capacity defendant was acting in at 0. Minderman's place. Never spoke to Minderman himself about building, but wrote to him more than once without getting any mply. Brought tho plans, ifcc., away the first time, so as to compare with Minderman's timber then lying cut at the saw-mill, listurned them a few Weeks later' !«>y a coach-driver mined Scaife, but do not recollect telling hini to throw them into the house arid leave them there. In cross-examination by Mi Lynch, plaintiff said that Young nevei mentioned Minderman's name : she said the place would be her own. Wrote tc Minderman and told him if I got the job I would not charge for plans or 1113 trouble.

W. Gorringe, a carpenter, stated lie recollected overhearing a conversation between the parties in the Alhambra Hotel, in November 188;). It was about some building that was to be let by defendant by tender. Heard her then state she had instructed Mason to prepare plans and specifications. She told me personally, E. W. Butler, (lE. stated the plans produced were good working plans, and •could be worked from. Considered the -charge a reasonable one. Builders very often drew plans of work contemplated, The specifications were not Annie Young, the defendant, stated she was, and had been for past 12 years house-keeper .at C. Minderman's place "When at Lye 11, nearly two years ago plaintiff asked her if Minderman hat received any letters from him, but she die not know. He said he ka<d beard Christ"* intended building, and it lie had n<

•carpenter engaged, he would run down •and see aboujit. Said I thought it might •he worth his kilc-. lie came to our place a few days later, bringing some plans with him, and asked Minderman to look at them. Minderman replied his mind was not decided whether to build or -not. Mason then went away, taking the plans with him. Nothing more passed for about a year when a coach-driver named Dixon left some plans with -a domestic. I handed them back to him next morning to be given to whoever sent them. Dixon again returned, saying lie was told by Mason to throw them into the house and leave them there. Never met plaintiff at Accolino's Hotel in my life. Never yet ordered a plan oi him, and will •also swear I never told him I was £roin< r r> rj to apply to the Boatman's Licensing Bench for a license. Might have said, when Minderman and Mason were together, that such a house would cost iJIOOO.

G. Minderman deposed that defendant! was merely Lis housekeeper, and had no •authority whatever to make contracts on his account. The ground about the bridge belonged to him, and no one could build theie without his sanction. A.t one time he did contemplats building, and the list of necessary timber was made out 'by C. Holm an, and a rough plan b\y Curtis. Mason once asked him how some plans would do ; to which he replied the work was already done, and the Umber cut. Mason did not tell me he made the .plans out from loung's instructions., •neither did she -say in his presence., sh« had ordered them. Counsel, on each side, having addressed the Court, the Magistrate remarked upon the conflicting and directly contradictory nature of a lot of the sworn testimony. lit was a most difficult matter whose statement to believe; however, an view of tlwj fact that defendant was only a servant, and therefore not in business on her own account, it seemed unlikely she would '■contemplate building. Judgment for defendant, with costs.