HAWERA.

Patea Mail, Volume V, Issue 450, 6 August 1879, Page 2

HAWERA.

R.M. COURT. Thursday, July 31. McL’Dowie, Perky, & Co. (Hawcra'ji vW. England (Normanby); claim £45, for the recovery of moneys received by defendant, and, according to agreement, not handed over to plaintiffs. It appeared from the evidence taken, that the’ plaintiffs and defendant had been supplying a boarding-house keeper on the Mountain Road with meat and groceries, and that the man had run away without settling his account. It was mutually agreed between plaintiffs and defendant that the house should be kept open until the men who were working on the road, and who were living at the house in question, should receive their wages, when they could pay what was owing by them. A little over £9O was received from the workmen by defendant, who being asked to settle with plaintiffs, offered £4O at a rough guess, not having had time to make up his hooks to see how the matter rightly stood. However, this was refused at the but afterwards one of the plaintiffs said the firm would take the £4O. In the meantime, defendant had gone through his books, and found that he had omitted to put in a claim for drapery supplied to the boarding-house keeper, and refused to’ pay the money. Nothing about drapery having been mentioned in the original

’agreement, plaintiffs declined to allow the charge, and therefore brought this action for the recovery of their portion of the debt's collected. The Court held that, as no mention had been made of the drapery in the first place, it coiild not be allowed now, and would give judgment for plaintiffs for amount claimed, with Court fees, £1 16s, and solicitor’s fee £2 2s. .Mr Barleytnan appeared for plaintiffs.