BALANCE OF CONTRACT.

Patea Mail, 26 July 1881, Page 3

BALANCE OF CONTRACT.

Tbe following evidence was given in the action brought by Mr Holtham, carpenter, to recover balance of contract for building the Railway Hotel, Patea bridge; the case to be concluded to-day : Plaintiff deposed that he had finished the building according to specification. Two witnesses deposed that after a severe gale on tbe 2nd May they went upstairs and found water had blown in the windows, some not being properly closed. They closed them down, the windows being then stuck with new paint. H. B. Deane ; I was engaged all through the work, and I think the building was finished in a workman-like manner. By Mr M'Carthy ; 1 saw several spots where wet had come through after the gale. A. E. Pye, plumber ; I was employed ou the building, and did my work well. After the heavy gale, I found that a piece of ridging round the chimney had blown up, and rain had driven in. I repaired that, and soldered up some nail-heads and joints of the ridging, this not being usual. The zinc was No. 12, the strongest. By Mr M‘Carthy : If tbe spouting were well done, it should not leak in three months. If it leaks now the earthquake might have caused it. . - W. Dixon, decorator : The painting and papering were done by my men as well as ordinary work is done. Mr Storey, who had overlooked the work for Mr M'Carthy, told me he would advise the owner to pay Mr Holtham’s claim. This was the plaintiff’s case.

F. Storey, for the defpnce, said : Mr Holtham had to keep the building in repair tiuvc inniitlis. He was also supposed to line the building perfectly water-tight. When I was told of a number of leaks after a south-east gale, I advised Mr M'Carthy not to pay until the leaks were repaired. I complained to Mr Holtham that they fitted badly at the bottom. I also mentioned about the door heads not fitting in a line. One or two windows are not repaired yet. Traces of leaks are still visible in the front parlor. I received a letter on the 2nd May asking me to come and examine the building, but that was the day of the storm, and I did not inspect the building after it was taken over in February until hast evening. By Mr Hamerton : My plan was not carried out in a number of particulars. I smoothed those matters over, and the building was taken over as sufficiently finished. But we did not take over leaks. Mr Hamerton : Had you the honor of putting my house up ? Witness : Yes. Mr Hamerton : Then I am sorry for you, for it leaks very much. Witness : That is not my fault. I did not supply the materials. Mr Hamerton : Ah, then perhaps it is fyie dew that comes through. By Mr McCarthy : I saw the paper round the parlor windows bagging, as if the scrim had come away. A pound would cover the expense of that room. The boarding round the architraves needs stopping inside, to prevent leakages. That would cost 50s, hut as overseer I could not compel the contractor to do that, as it is not in the specification. J. Anderson, carpenter, Wanganui : I was stopping at the Railway Hotel on May 2nd, and it was very much damaged with rain in various places. Leakages were visible in the bar, front passage, billiard room, and several rooms upstairs. It was as much damaged with water as any finished house I have seen. The gale then blowing was such as I had never experienced. All the damage then done is not repaired. I saw the spouting leaking before the storm. By Mr M’Carthy ; The paper is still damaged in places. A lean-to outside the billiard-room lets in the damp. The paper might be repaired for 20s or 30s. R. Roberts, shipwright : On the night of May 2nd, during the gale, the Railway Hotel was in a perfect flood ; not a dry spot in it. We pressed down the windows as low as they would go. On the 10th May the hotel leaked nearly as badly, after Mr Holtham had done some repairs. I saw the spout leaking after the repairs were done. The front parlor is the same as it was, except that one little patch was repaired. The bar and the billiard room are still in the same condition. By Mr Hamerton: I closed every window' and fastened every sneck. 1 did that because I was drowned. Then if you were drowned, who resuscitated you ? Witness : I don’t know what you mean. But you say you were drowned. Witness : Well if you went along the passage it was like a shower bath. I saw a bucket put in the bar to catch the water. George Beamish : I saw some water leaking into the bar three weeks ago, from the lower window. Defendant deposed : I took over the hotel about the 18th March, as I understood. It may have been in February. In March there was heavy rain, and I was shown leaks in the billiard-room and front parlor. I told Mr Holtham, but he took no notice. On the 2nd May there was a heavy gale, and it leaked all over the house. I sent him notice that I should hold him responsible for all damage to ray furniture and bedding. He did some repairs, but not all. I therefore refused to pay the balance when he came for it on the 19th May. I got Mr Milroy and others to examine the hotel, and one said it would cost about £4O to repair. Mr Storey explained that he had not given a final certificate, as he would have to certify that he was satisfied with the work. Magistrate : The specification does not say the building has to be maintained for any term, but only says the remaining 25 per cent, shall be paid at the end of three months. I shall have to adjourn this case for farther evidence to satisfy me whether the contractor has properly finished his contract. Case adjourned till Tuesday, for an expert survey of the building.