R.M.'s COURT—GISBORNE.

Poverty Bay Standard, Volume II, Issue 161, 18 April 1874, Page 2

R.M.'s COURT—GISBORNE.

Thursday, April 16, 1874. [Before W. K. Nesbitt, Esquire, R. M.J MULLOOLY V. COWAN. Claim, £24 3s 6d, for ploughing land. Mr. Cuff for plaintiff, Air. Wilson for defendant. J. Alullooly, sworn, stated : That he agreed to plough the land at £1 an acre. There was no special agreement, as to when the money was to be paid. He considered he was to be paid when the work was finished. There was no arrangement as to waiting for the money. Cross-examined by Mr. Wilson: At the time of the agreement for ploughing, there was also an agreement for Cowan to do some fencing, but it was not agreed that one should be a set off against the other. 1 have not paid Cowan for the fencing. By Air. Cuff : The fencing was to have been finished last September, but is not. finished yet. The sum of fencing would come to more than the sum I now claim. Owen Cowan, sworn, states : The arrangement between plaintiff and myself was that as he wanted some fencing done, I would do it for hi in if he did some ploughing for me, and that whatever balance there was remaining should be settled on the completion of the work. I have paid plaintiff £2 55., and £2 15s. into Court.

By the Bench : Ido not remember if any witnesses were present when the agreement was made.

By Mr. Cuff : Plaintiff told me he had paid £2 ss. fees on a Crown Grant.

By Mr. Wilson : I gave plaintiff £lO, and he returned me the balance. The reason that the fencing was not completed, was that he did not put the material on the ground. Case adjourned to Thursday, 23rd April. Valentine Eiffc appeared in answer to a judgment summons, to show cause why a judgment given against him for the sum of £6 Bs., on the 28th January, 1874, hud not been satisfied.

Ordered to pay the amount on the 28th May next.