S.M. Court.

Manawatu Herald, 14 September 1899, Page 2

S.M. Court.

(Before A. Greenfield, Esq., S.M.) This Dat. CIVIL. W. J. McGonigle v F. S. E .ston -Claim £1 10i. Judgment for amount with costs 6*. -, ' Hooker and Curtis v Austin Broa —Claim £8d 16s. <^ *>- Mr Lbughmao for plaintiffs. Mr [ones for defendants. Mr Jlio ughman said this was a case to recover contraot money for felling timber and croasou tting in the bush. ]Tbe questions is whether plaintiffs are entitled to bulk pay* ment as vcut in bush or as cut in mill. S Mr Honker deposed -Had coo* tract for catting and shipping timber at mill, b^ing falling crosscutting and rafting), from near Shannon to Foxton. To deliver at ls 10 J. per 100 feet ; log measurement. It was a verbal agreement made between witness, Curtis, and H. Austin. Positive they were to be paid on log measurement. List time went for

mtmmmg^g aKmm __mmmmmm^i^mkMmum-m a settlement he said, " Bear in mind Bert our agreement i3 for log measurement," and he said " all right. No tally was made up then. D Mvprprl 6 raf' loud, (number of logs admitted). The book (produced) gives size, ltngth, and measurement of e .ch 1 •£. The book shows logs marked B.A. which were logs cut prior to commencement of co tract, but had lt-fc the same quantity on ground. The total com .s out 285, 899 f et. When went for settlement Austins made us £25 in their debt. They wanted to pay us for timber out at the mill instead of log measurements. The rest of the aocount is admitted correct. Cross-examined — They were white pine logs. Contract entered into at H. Austin's office. There is a difference between lumber and log measurement. In log measurement the contractor gets credit for everything. Not sufficiently capable of measuring and calculating measurements. Logs were measured on ground by himself and Curtis. Saw book (produced) in office. Austin said that was what they paid to other contractors. He (witness) said all they wanted was log measurement. All the mills do not work under the Bules in the book. Do not know why the man who made up book took off one-tenth of the quantities. Owed some £38 for wages. At time of going for settlement Curtis never said it was right to take lumber and iog measurement. (Left sitting.)