Resident Magistrate's Court, Foxton.

Manawatu Herald, Volume III, Issue III, 5 November 1891, Page 2

Resident Magistrate's Court, Foxton.

(Bt lore H. W. Brabant Esq, R.M), ■\Yeoks.oDAY, 4th November. civil cases. G. N. Newth v. A Mitchell. Cas? called. No appearance, of either party. Case struck out. McMillan Rhodes & Co. v. A, Wood Claim £2 ss. No appearance of defendant. Judgment for amount and costs 6s. McMillan Rhodes & Co. v. A. Mitchell -Claim £60 16s Bd. No appearance of defendant. Judgment for amount and costs 455. A. Speirs v. J. R. McMillanClaim £5 12. A. Speirs deposed that he sued for £6 12s. Mr McMillan had asked plaintiffs firm, Bacon & Speirs, to make plans for a shop. They were chosen. The conditions in making plans was that £1 would be paid for the rough sketches if the job was not got by his firm. If the firm got the job the plans were not to be charged for. The firm did not get the job., The plans were approved of, and Mr McMillan asked his firm to prepare plans and specifications tor 'tendering. The shop had been built from them, but not by his firm.' He claimed £1 for rough plans, and £8 for the further plans. He made no professional charge, which would be 2i per cent on £500, but had only charged sufficient to pay for labour. They were also asked to prepare a list of timber, for this he charged 10s. Mr Nye had been appointed to supervise the work, and he went through the plans and specifications with the plaintiff on two different occassions. Plaintiff had charged 5s

an interview

Defendant here stated that he had paid 28s into Court, admitting some of the charges.

By Defendant — Had not personally made any arrangement with defendant. Had no note of any agreement. Plans and estimates would be complete without an estimate of timber.

By R.M. — Had nbi licard his partner tell Mr McMillan, that they would charge for the plans. There were two plans and one specification. No arrangement was made as to be,ing paid for the interviews with Mr Nye. 'George Nye deposed that he had supervised erection of Mr McMillan's tjhog, '->There r we're alterations from i'Uefli'sf;. A great deal of the timber was.- . deficient. Alterations, were made in the fitting. It did not break the contract, allowance was made to the contractors.. (The defendant said he would admit the plans were correct.) He went to plaintiff's shop two or three- times to see plans and specifications. He had said " any information supplied ho snppo-ed they would be paid for " he believed Mr McMillan was present. The building was worth between £500 and £600. An. architect usually charges 2£ per cent. He had understood from Mr McMillan that 20s or 21s were to be paid fov the plans and specifications if the. plaintiff did not get the job. It is not the usual charge. By Defendant— The Architect makes up the quantity of timber, he usually: supervises the work. The arrangement was made over two years ago. By Plaintiff— Could not say if he ever received quantities of timber from an architect. If the architect supervises the job he charges five per cent. By' R.M. — Did not think the arrangement to pay 21s for the plans and specifications unfair. ■ • John Liddell deposed that 2£ per cent was the fee for preparing plans and specifications, and 2£ per cent for supervising. It is a common practice for builders to make pencil sketches for buildings without charge if they got the work without competition. It was very different making plans for publio competition. He would not make a charge for interviews as to the plans and specifications. By Defendant— Did not usually make out quantities of timber when had plans and specifications. Had not charged for it in the only two casas in which he had made them out. By R.M. The arrangement tq prepare plans for 21s would not be a fair arrangement. The outside would be 2A- par cent. By plaintiff— Did not think £4 an unreasonable charge. . A. Speirs called by the R.M., saiclftff his partner had left for Sydney a twelvemonth ago. Left Foxtori about 18 months ago. The claim had been sent in during Bacon's residence here. He had run up an account at the store to an equal Jrfbuht ot his claim. Had made ajptim two years ago. The first dm was £5 in Bacon's hand-writin^to 1 cover all charges. He had taken the debt over as good, He afterwards sup-, plied a detailed account when NfcMillan had objected to the first amount. J. R. McMillan deposed that he .< asked Jenkins and Bacon for plan of shop ; no arrangement wasmade for payment of pencil sketch ; did not , accept, but drew rough sketch &»#. . ftflked Dawn to put to scale ftni

draw specifications ; asked what he would charge ; bacon said if he got the work he would not charge, but if he was not successful the charge would be 21s ; never had claim ho Bacon, but after he left, in September, 1890, he received an account for £5 12s. By plaintiff — Never received an account for £5 ; ignored plaintiff, only made arrangement with Bacon. The R.M. said the defendant had paid 28s for plans and stacking timber. The defence is that an arrangement was made with former partner of plaintiffs. It is unfortunate that Bacon's evidence could not be obtained. Tt is hard to fix delay it settling case on either side. Bacon has entered in book of firm £5 for work. He would have to decide as to what would be a fair sum for tho worfc. It appeared that the pencil plans could not be charged for, and should not be paid, and witness should not be paid for interviews with Mr Nye nor allowance for making out quantities of timber, but he wag entitled to something more for the plans. He would give judgment for £H, less 28s paid into Court, and costs 13s, witness 7s. CRIMINAL. Joseph Moran was charged with assaulting Daniel Donovan. Accused pleaded not guilty. Daniel Donovan deposed that last Sunday he was insulted and assaulted by the accused. James Dudsen said that the last witness and accused were insulting one another in the room at the Manawatu Hotel, and afterwards went out to have a fight. A ccused struck the first blow. They then lought. It caused quite a serious disturbance. He did not consider they were drunk Alex. ..Anderson said that before informant went out he struck at accused in the passage. R. Baker said thnt on Saturday night Donovan had wanted to fight accused. ' J. Moran said on Sunday the informant thought he could say what he liked, and had called him a cur. In the passage he was struck by him. They then went outside. The R.M. said he considered the accused was not the aggressor, and the case was dismissed. Daniel Donovan was charged with having been guilty of disorderly behaviour while drunk on ? unday night. Accused pleaded not guilty. ; Evidence having been given that the accused was under the influence of liquor that evening, he was fined 10s and costs 7s.

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