INTERESTING TO CONTRACTORS.

Rangitikei Advocate and Manawatu Argus, Volume XXXIII, Issue 9067, 6 February 1908, Page 8

INTERESTING TO CONTRACTORS.

■ ♦ * Yesterday at Wanganui Mr R. L. Stanford, S.M., gave his reserved judgment in the case Wanganui Sash and Door Company v. Marton Clubhouse and A. Brown, which was a motion to establish a lien for £l9B 16s 4d over the first defendant's proparty and indgment against the two defendants under the Contractors’ and Workmen’s Lien Act, 1898. The judgment stated that in June. 1907, Mr A. Brown called on the plaintiff company and arranged with plaintiff company’s manager to obtain goods required from plaintiff' company for the completion of his (defendant Brown’s) contract with the Clubhouse Company. There was no written contract but prices were to be charged for goods in stock as per printed list, and for goods to be made as per prices to be quoted, which last were to be sent to defendant and approved by nim. This was done, and no question as to the price arose between the parties. It was agreed that the order was to include joinery, mouldings, and glass. The supply of goods went ou from August Ist to November 35th, and on December 17th one square of Femish glass was supplied to replace a piece broken by one of the workmen. As tire claim of charge was put in on January Bth, it was plain that it was only within the 30 days allowed under section 16 of the Act if the completion of the work was on December 17th, since the latest date on which the other goods were supplied was November 35th. That was a date outside the 30 days allowed in the Act. The questions to determine were: (1) Was the arrangement come to between the parties a “continuing order?’’ and (2) was the supply on December 17th part of the order? The American decisions were summarised thus :—lf materials are furnished in pursuance of a single continuing contract, such as to furnish materials for a building about to be erected, or in progress of -construction, the period within which the statement or suit must be filed commences to run from the delivery of the last item. But if the materials are furnished under separate orders iu pursuance of a general agreement to furnish such materials as [may be needed from time to time, and as ordered, then each order or request is a separate contract, and the statement or suit must he filed within the time limited after delivery upon each order.”—Applying'this definition to the facts in the present case the S.M. was of opinion, though uot without considerable hesitation, that there was a general agreement to furnish all such materials as might be needed from time to time to finish the Clubhouse, Marton. and that the glass ordered on December I7th was part of the materials originally agreed to bo supplied, and that the claim of lien was a proper one. Judgment was given for plaintiff for the application of lien, and against the Clubhouse Company and A. Brown for £193 16s 4d, with costs of Court £8 12s, solicitors’ fee £lO 13s 6d. The defendant Clubhouse Company was allowed £9 13s 6d out of the suit for costs for their solicitor.