PUKEKOHE S.M. COURT

Pukekohe & Waiuku Times, Volume 9, Issue 504, 10 February 1920, Page 1

PUKEKOHE S.M. COURT

DISPUTE OVER PUMP. CLAIM FOR DAMAGES. PLAINTIFF NON- SUITED. A case adjourned from last Court day was heard at the Magistrate's Court on Thursday last, Mr. F. K. Hunt, S.M., presiding. The parties were Mr. W. S. Russell, plumber, of Pukekohe, and Mr. E. R. Allen, farmer, of Mauku. In the first instance Mr. Russell claimed £9 Us sdfor work done, goods sold and delivered, defendant claiming that there had been an overcharge of 14s Bd. Defendant sued plaintiff for £ls, a counter-claim, as damages, for the breach of an agreement made verbally between defendant and plaintiff, for the supply and' erection of a windmill and pump on the premises of Mr. Allen, farmer, at Mauku.

The Claim.

On the claim, William Samuel Russell said there had been no overcharge, and the prices charged Mr. Allen were the usual prices.

Ernest Richard Allen said he hud made investigations from a Pukekohe merchant, and found overcharges on certain goods supplied to the amount of 14s Bd. The Counter-Claim.

Counsel for Mr. Allen, Mr. Percy Basiey, stated that his client had arranged with Mr. Russell to supply and erect a Daisy windmill to drive the lightest pump in the lightest wind. A pump was wanted, but a 2in pump was installed. The pump would not work satisfactorily, so Allen interviewed Messrs. A. ai\d T. Burt, the makers of the mill, and obtained an inch and a-half pump. The claim of £ls was made up of £lO damages and inconvenience through being unable to use the paddocks, and £5 difference in price of piping and pump, use of motor-car, benzine, travelling expenses, loss of time and labour. Mr. Allen gave evidence leading up to the purchase of the mill, stating he ordered a Daisy mill to be installed with the smallest pump in order that the lightest wind possible would drive the mill. He did not mind a light flow of water. He left the matter entirely in the hands of Mr. Russell. Subsequently a man named Marshall arrived to put up the mill, but it was found there was no pump. A 2in pump was procured and installed, and the work finished. A trial was given, and the mill worked decently, but in a strong gale. The mill was shut off, and a couple of days he tried to get it to go, but his efforts were fruitless. It went all right in a howling gale, but that was no good to him. On a third occasion he managed to set it in motton, but found the water would nit pome, Upon investigation he found the pump -od had been disconnected. It was iii.ked up and had not come off since. As he could not get water he had to shut the pa.ddocks up. He saw Marshall, Russell's man, and told him to attend to it. No one came along, so he went and saw Russell personally, and told him the circumstances, and asked him to attend to it. Russell wanted payment, and witness said he would not pay until the erection of the mill was completed. Therefore he contended that Mr. Russell did not complete the erection of the mill, Russell had told him it was the smallest pump he could possibly get. It was proved since that a pump, any size, could be procured several days after. Mi*. Jarvey, A. and T. Burt's man, and Marshall had a look at the mill. Jarvey oiled it up. It worked about twice after that. His paddocks were more or less of no use, except-

ing a couple of times when there was a gale He wrote to Russell, but got no reply, so he went to A. and T. Burt, and complained to them. Jarvey was sent up and installed a pump, and ever sir.ee the mill had" worked satisfactorily. To Mr. Hopkins: He had two mills on his acre farm. When he paid the £6O account, the mill was not completed. He never raid the mill was satisfactory; T. H. Ashford, farmer, Mauku, said he saw the mill let go in a strong westerly wind, and it would not go. He saw the mill in January, when the smaller pump had been installed, and it was working splendidly.

The Defence,

Mr. Russell, in the course of his evidence, said there was absolutely no mention of a pump. The pump that had been installed, a deep well cylinder pump, was the pump usually erected with windmills. When the mill was completed a trial was given and it worked sweetly. Subsequently, when some extensions were being made at Mr. Allen's farm, the latter came in and paid the account, mentioning that the mill was quite satisfactory. Later he came in and said the mill was no good, and that he had a good case against witness. He believed he had never worked the mill for a month, and that was vh, the mill would not work in <

light breeze. Mr. Russell explained that the leather in the buckets swelled and made the pump tight. He did all he possibly could to sati.- p v him, but couldn't. To Mr. Basiey: Mr. Alia-. ! Id Marshall that the pump had n'ft been worked for a month. Wilson Barns Marshall, employed by Mr. Russell, said he fitted up the Daisy mill, and contended it was fitted up all right. As a pump did not accompany the mill, Allen said 1,0 him, we must have a pump, and witness suggested a deep well cylinder pump, as it was the one that would give satisfaction. Mr. Allen told him later that the pump would not work. He also told him that he had not had his cattle in the paddocks for a month, as it was no good. lie could not get water. As a result

the leather in the buckets had swollen.

To Mr. Basley r When witness and Jarvey inspected the mill, it was started, and went well for short periods. Donald Jarvey, fitter, employed by A. and T. Burt, said he had 27 years' experience, and had been at windmill work for 15 years. He had been all round the country on such work. He met Mr. Allen at the farm about November of last year. He inspected the mill on Mr. Allen's property, and found it in perfect order. The mill was shut off. He started it, and it ran well. He felt the pump rod from the top, and found the leather buckets in the pump a little bit stiff, but nothing to complain of. This could be remedied, but on account*of sand being in th«.water, he told them not to ease them, as they would wear down and work themselves slack. It was a proper pump—a 2in deep well cylinder pump, and the windmill was suitable to drive the pump. He suggested to Mr Allen to ease it, but afer he had examined the water and found it sandy, he told him not to as it would work itself right in a month. A 6ft mill should lift 50ft, but this mill would only lift about 26ft. He went out on a second occasion, in December, at Allen's request to change the pump, replacing the 2in pump with an inch and ahalf pump. That was all he did. The mill was properly erected. It was a little stiff, but he contended that it would have worked right. To Mr. Basley: He never started the mill when he went out for Mr. Russell. He merely examined the pump and found-as above stated. His instructions were to see the mill, but was told nothing about the pump.;

Mr. Basley mentioned that he was satisfied with the mill, but the whole crux of the case was the pump. They arranged to have a mill and pump erected which could be driven in a light wind. This was not done. Continuing, wifness said the miii would pump satisfactorily if it had more work. Mr. Allen said it had not worked for about a month. As socn as he fitted the new pump the mill worked, but it was in a howling gale. The difference in price between a 2in pump and a l%in pump at that time would be from 15s to El.

To His Worship: From what he saw he would have put in the same mill and pump for the depth of the well. The 2in was the common pump. A l%m pump was uncommon, except for a 4ft mill or very light work. If Mr. Allen had have asked him to instal a mill and pump, he would have erected the same kind of mill and pump as Mr. Russell had. Mr. Russell's work was done satisfactorily.

To.Mr. Basley: If Mr. Allen had made an order for light work he would have put in a 2in pump. To His Worship: If it came to heavy work in a light wind he would put up a geared mill. This was much more expensive. On the claim, His Worship gave judgment for plaintiff for the full amount claimed, while on the coun-ter-claim he non-suited plaintiff (Mr. Allen), who was ordered to pay costs amounting to £5 3s 7d. Mr. W. P. Hopkins appeared for Mr. Russell, and Mr. Percy Basley for Mr. Align.