ACTION AGAINST A COUNTY COUNCIL.

Manawatu Standard, Volume XI, Issue 1687, 17 April 1886, Page 2

ACTION AGAINST A COUNTY COUNCIL.

At the Supreme Court m Wellington, a contractor, named Henry Stevens, of Masterton ,'>rouglib;\n action against the Wuintrapn East Comity Council, to recover thu sum of £200, «s damages for alleged breach of noutract and £14 10s the amount of two deposits. Th« plaintiff's statemeut set forth that on the 2nd of July last year, he took a contract from tho Council to quarry 1015 yards of stono m the Mangapakeha Valley, on the Mastertou and Waimate- j road, at 2s 6rl per yard. The agreement | was that subject to certain conditions he should provido all plant, &c, which should become the property of the Council on the completion of thf» work. On the same day he entered into an agreement with the Council to quarry 1305 yards of atone, also m the Mangapakeha Valley, but at a different spot, at 2s 6d per yard. He quarried 221 yards of stone, and was then stopped by the Council, wherefore he was uni able to complete the ; contracts. The defence was that the plaintiff undertook to carry out the first contract for £126 17s 6d'and the second for £163 2s 6d. When work was commenced tho stone was found to be unfit for use, and plaintiff was instructed to discontinue work, the Council agreeing to pay him £15 for what he had ilono and re-, fund the deposit which he had paid (&% 75.) The defeudants deny that they hindered or prevented the plaintiff from carrying out the second contract and are m any way liable for damages. The hearing lasted the greater part of two days, and at its conclusion the jury returned a verdict for £15, together with the amount paid into Court, £21 7s. His Honor Judge Richmond, who heard the case, refused to certify for costs, stating that tho case ought to have been brought into the District Court or Resident Magistate's Court. Judging from tho; evidence the claim was one that the County' Council were justified m reßistmg.