BALANCE OF CONTRACT.

Patea Mail, 30 July 1881, Page 4

BALANCE OF CONTRACT.

In the R.M. Court on Tuesday, before Mr C. A. Wray, R.M., the adjourned claim of Mr Holtbam against Mr McCarthy for £4l, balance of contract price for building the Railway Hotel, was disposed of. The defence was that the hotel had not been finished in a workman-like mannei. Evidence had been taken, and the case was adjourned for an export survey to be made on behalf of both parties. F» W. Storey, for the defence, said : Since the last hearing of this case, I have examined the building along with Mr D. Paul, who was sent by Mr Holtbam. We have agreed that certain repairs should be done. Mr Hamerton : No, I asked Mr Paul as an independent party to examine the building. He was not acting for Mr Holtbam. Mr Storey : We agreed that the front needed stopping and the spouting repaired. Some scrim in the front pallor had to be stretched and repapered. The spouting and papering have been done, and the supposed leak oyer the billiard-room is covered with a strip of wood. I think everything is now done or being done that can entitle the defendant to pay. Mr M’Carthy ; I am quite willing to take the house with these repairs. MV Storey, replying to Mr Hamerton, said the building is now a fair job. There is no sign of the water having lately run through like a shower-bath; The alterations and repairs will cost under £3 10s, putting out Mr Pye’s account. The witness Roberts, who talked of being drowned, must, haye exaggerated. To put every detail in a specification would make it as long as the Bible. Mr M’Carthy : If this work had been done before, there would have been no bother. Magistrate,; I think you are partly to blame in not trying to get Mr Holtham to go down and see what was wanted. - Mr M’Carthy : But I had written to him. Magistrate : But you appear to have treated him in a cavalier manner. Mr Hamerton; I want to clear Mr Holthnm’s professional reputation. D. Paul : I am a builder and contractor. It is a reasonably good-looking job from beginning to end. I found no leaks last Friday, but there were marks, of prior leaks. We examined every room, outside and in. There had been heavy rain and wind the prior evening. I saw no signs of recent leaks. By Mr M’Carthy : I saw a block under the building laid on the flat. That depends on the nature of the soil. I noticed paper torn, from previous leaks. I advised certain repairs. The rusticated boarding around the architraves had not been stopped, and if that had Lean done before the part would not have leaked. Mr M’Carthy : When Mr Holtbam went over the building on the 2nd May I pointed out all that needed to be done. Magistrate : It appears that some few repairs were done on that occasion, but some things were omitted. What was necessary was only a small amount, whereas the defendant held over paying a sum of £4l. I mention these matters to show why I. give costs. Judgment for plaintiff, vyith costs £s‘6s.