Magisterial Decision.

Manawatu Standard, Volume X, Issue 10, 10 June 1885, Page 3

Magisterial Decision.

At the last sitting of the Foxton R.M. Court the R.M. gaW judgnierit m the case Manawatu County Council v.'D; A. Poole-and' Joseph- Trask. This 1 was a case : hoard at the last sittulg of the Court, the' decision being withheld until the present sitting. ! "His Worship said that he- had carefully considered the case since the last sitting ; one of the points raised, was '.whether.' the contract being signed by the defendants alone it- was a sufficiently good one;' His Worship had : refused to nonsuit the^plaintiffs^ on that ground at the hearing, and' he thought he was right; m his re Fusal, inaßinuch as the contract not beiiig required to be re-; duped in,to t writing',. it need not have been signed by jboth parties ;• the defendants at; the trial, alleged thatthe, plans contained; such, a misde&criptibn of : the' /wbyk re-, qui'-ed to be done that they 'h'ad a Vi^Ht to r'efiisi tb.go briwith the wprkj'agre'afc deal' of evidence was given on -this point, r and 'His; Worship Was of opmidn.l^at l ;£h'e' plan aid'epritain a , misdescnptiohj ahdjthat the defendants^ 'we're acting'"-tjrithih-their n^lifcs m refusing to. go on, a'sthei ihis'flescriptidh was of a mostiimpbrtant cbaracter j; the ohris wks pn , the local body to justify their plans ; he was satis-' fied;that the misdescriptionT^vas^ati i T J e^i orie"bn| the part of the EngicKer and •the 'Countly ■officials ;'fi,lthough J.this Was not the first reason giyeii by MrPoole,. His, Worship was . satisfieid 'that it was the reason alleged m a letter sent by :by Mr Pools afterwards. The plaintiffs were nonsuited with 1 costs.