WAIUKU MAGISTRATE'S COURT.

Pukekohe & Waiuku Times, Volume 4, Issue 37, 14 May 1915, Page 1

WAIUKU MAGISTRATE'S COURT.

Friday, May 7th. (Beforß Mr F. V. Fraz:r, S.M.).

At the 'Magistrate'3 Court, Waiuku, last Fricay, judgment by default was given (or plaintiffs in the following cases:—H. Barnaby v. W. A. Leacb, £lB 6s lid, costs £2 Is; C. i. Hosking v. Arnold Flavell £2, costs 18s 6cl. On a judgment summons, Smith and Caughey v. George J. Webster, for the sum of £9 2s, an order Mas made tor payment forthwith, in default nine days id Auckland prison; issue of warrant suspended for seven days. A FENCING DISPUTE. A case in connection with a dispute about a fencing contract at Whin Whiri, W. J. Brown v. Jaa. Evans, came before the Court. The former, represented by Mr Mason, claimed to recover from defendant, for whom Mr Warwick Wilson appeared, the sum of £5 12s 6d balance alleged to be due on a fencing conlract.

The plajntiff stated that in 1911, he had agreed with the defendant to clear a fence line at Whiri Whiri and erect about 27J chains of fencrg for 7s per chain. There was a further claim of £1 for carting material, making a total of £lO 12s 6d, of which be had received £5, leaving a balance ot £5 12a 6d. He described the clearing as being very jough work, the furze being higher than himself in places. A number of witnesses valued the work ut from 7s (o 10s per chain. Defendant denied that .7a per chain was agreed on, and said that £5 was stated by the plaintiff as a fair estimate of the cost. This sum he had paid. A witness for the defendant said that 4s 6d per chain was ample payment for the work. The Magistrate remarked on the contradictory nature ot the evidence, and gave judgment for £4 3s, which represented 3s per chain on the clearing and 9s per dav for erecting the fence, reckoning three chains as a fair day's work. Costs totallme £2 7s 6d were allowed the plaintiff.