Reserved Decision in Supreme Court Appeal

Manawatu Times, Volume 62, Issue 37, 13 February 1937, Page 2

Reserved Decision in Supreme Court Appeal

PAHIATUA PARTIES’ DISPUTE OVER BUILDING PURCHASE.

Decision was reserved by His Honour Mr Justice Johnston in the Supreme Court at Palmerston North yesterday in the case in which Gardner and Yeoman, Ltd., timber merchants, of Pahiatua, appealed from a decision of Mr J. L. Stout, S.M., in the Magistrate's Court at Pahiatua. The respondent in the appeal action was Dr. Edward Baden Watson. Mr N. Rawson appeared for appellants and Mr G. L 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 Dr. Watson. It was claimed that £246 was unpaid out of a sum due of £548. Continuing submissions, Mr McGregor contended that the position had arisen through no default on the part of Dr. Watson, but to the restricted terms of an order accepted by appellants. Though an innocent party, they must suffer through their lack of foresight “I am very much indebted to counsel for the succicent manner in which they have placed their propositions before me," said His Honour in announcing that ho would require time to consider the issues raised.