Pahiatua Parties in Supreme Court Action

Manawatu Times, Volume 62, Issue 36, 12 February 1937, Page 2

Pahiatua Parties in Supreme Court Action

APPEAL FROM MAGISTRATE’S DECISION. Before His Honour Mr. Justice Johnston in the Supreme Court at Palmerston North yesterday, legal argument was heard in the appeal of Gardner and Yeoman, Ltd., .timber merchants, of Pahiatua, from a decision of Mr. J. L. Stout, S.M., in the. Magistrate’s Court at Pahiatua. The respondent in the appeal action was Edward Baden Watson, medical practitioner. Mr. N. Rawson appeared for appellants and Mr. G. 1. McGregor (Palmerston North) for respondent. The* appeal against the Magistrate’s decision was one on a point of law and on a matter of fact. The dispute arose over payments allegedly due to appellants for timber supplied for the erection of a house for Watson. It was claimed that £246 was unpaid out of a sum due of £548. Of the amount supposed to be outstanding, said Mr. Rawson, £197 was duo on timber supplied to the builder for respondent, and the remainder was supplied direct. Money w r hich respondent claimed was paid as a iirst instalment in satisfacion of an order to appellants had been absorbed in wages, etc., and appellants received nothing until the second progress payment was made. “In effect, we are asked to believe that when the roof was on a house cost- , * n K £3OOO, the timber used in it at that time had cost no more than £213,” declared Mr. ITawson at a later stage. Legal submissions were incomplete when the Court rose until this morning.