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Poverty Bay Standard, Volume X, Issue 1021, 10 January 1882, Page 2

The case of McDowall ». the Borough Council of Gisborne occupied the attention of the Resident Magistrate’s Court the greater part of Friday and Saturday last. Some time ago Mr McDowall tendered for forming part of Grey-street, and his tender was accepted. To properly carry out the work, the contractor would have to remove a greater number of cubic yards of earth than was estimated for in the quantities furnished to him, and upon which he based the amount of his tender. Finding that an important discrepancy existed between the amount of work actually to be performed and that estimated, he communicated with the Council. Something was said about the continuation of the contract being left to the contractor’s option, but beyond that, nothing of a definite character transpired. It appeared in evidence that the Borough Engineer’s estimate provided for 1,200 cubic yards of cutting and filling. From the professional evidence adduced on the other side it would be but natural to infer that if the contractor had ceased to work when he had removed the quantity of soil above stated, Grey-street would have been in a worse condition for public traffic than when he commenced. The street would have been left in simply an impassable condition, because the actual quantity of earth to be removed was 3,305 cubic yards—a quantity nearly three times greater than the amount originally estimated. The defence set up by the Borough Council was the weakest we have ever heard. Why the case was ever permitted to go to Court it is difficult to understand,. The Council had not a leg to stand upon. It was clearly proved that the quantity of earth alleged to have been removed was actually removed. The evidence of the Borough Engineer did not controvert that fact. Then what object had the Council in endeavoring to evade payment ? “Is not the laborer worthy of his hire ?”