IT IS THE RESOLVE

Manawatu Herald, Volume XXXIV, Issue 1078, 3 August 1912, Page 4

IT IS THE RESOLVE

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Mr Cooper admitted that he could not support his counterclaim, and applied to amend it to a claim that the plaintiff fitted the new engine and carburetta so imperfectly that damage to the extent of £25 had been suffered by his client in consequence.

Mr Moore then called the plaintiff, William Hamer jnr., who stated that he was a motor engineer, and had bad seven years’ experience in engineering. Hartley bad brought the bicycle to him in April, 1911, and asked him to mend the engine. He declined to do so, as it was beyond repair. Hartley then asked him what a •new engine and carburetta would cost. He quoted £lO for the engine, £1 7s 6d for the carburetta, and 30s for fitting. Hartley agreed to this, and the engine and carburetta was sent for. When they arrived he (witness) fitted them on properly- Hartley came and got the machine, and rode away on it. He saw nothing further of him until some time afterwards when he went to Himatangi to ask for payment. Hartley told him that he would pay something in a week or two. He also told him that he had taken the machine to Broadbent to get it painted and other things done to it, and Broadbent had promised not to charge him. Hartley made no complaint about anything being wrong with plaintiff’s work. When he had fitted on the engine he rode it a considerable distance to test it, and found it was alright.Had advised Hartley that the machine would work better with a magneto.

The plaintiff was cross-exam-ined at some length by Mr Cooper as to his experience in motor engineering. William Hamer senr. stated that he bad been present when Hartley called and ordered the new engine from his son, but he did not hear what passed. A new engine and carburetta was ordered, and when it came he saw it unpacked and fitted on by bis son. It was in perfect order; When Hartley called for the machine he gave it to him, and Hartley rode away out ofj sight on it without any trouble. He had never had any complaint whatever from him. Three weeks alter he took the machine away be came in and paid Some time afterwards he (witness) wrote to Hartley for payment of the balance, and Hartley came in and promised that he would pay something more in a week or two. Hartley showed him an account for which he had received from ifroadbent in connection with the machine. He (witness) pointed out to him that there was nothing at all in that account which had anything to do with his sun’s work. Harold Hamer stated that he was a brother of the plaintiff. When the new machine and carburetta arrived, he held it while his brother fitted it on to Hartley’s machine. After that he rode the machine two or three times to test it, and found it was alright. He was present when Hartley came to get the machine, and he saw him ride away out of sight without any trouble. If the engine had not . been properly fitted on the machine would not have gone at all. Some time afterwards he was going into the shop just as Hartley was coming out, and he heard Hartley say to his father that he would pay on account at the end of the mouth. He had seen nothing wrong with the stand of the bicycle. Witness was crossexamined by Mr Cooper as to his experience in engineering, and he stated that be had a certain amount of experience in that class of work. This closed the case foi the plaintiff. The Magistrate stated that he was satisfied that the plaintiff was entitled to the payment of his claim, and that the defendant’s counter-claim must be disallowed. Judgment was given for the plaintiff for /14 7s 6d, the amount ol the claim, Court costs 2is, solicitor's fee 15s 6d, and also judgment lor plaintiff on the counter-claim, with solicitor’s fee £1 is.