TALES THAT ARE TOLD.

Stratford Evening Post, Volume XXXVI, Issue 98, 29 August 1913, Page 5

TALES THAT ARE TOLD.

FOREIGNERS IN COURT

FALL-OUT WITH THE BAL. Early this jsear S. Pivac allegedly made up his mind to dispose of hie restaurant business in Stratford to S. Sanko, and Mr Cecil Wright was-, approached' with a view to drawing up the necessary papers, the chief oi which was a sub-lease from Pivac tc Sanko, Pivac having a lease of premises from the Borough Council. Mi Wright proceeded with the necessary work, as instructed, and the whole of the papers were prepared and tin whole business was completed savi the signatures of the parties. Thei: a hitch occurred, and Mr Wright found it necessary to write to Pivac and Sanko, calling on one or other, or both, to pay the costs incurred. A summons followed, and the case was called on at the Court this morning. Mr R. Spence appeared for plaintiff. M rSpratt intimated that though In had riled notice of defence for defendants, he had since withdrawn from the case.

When the case was opened neither of the defendants was m attendance, and Mr Wright gave evidence as to the work done, his claim for which, in accordance with scale, was nine guineas. While Mr Wright was still in the bos both defendants appeared, and whei Mr Wright had finished his evidenci asked for an adjournment for a week.

Defendant Pivac, in making the application, said there appeared to bi ; 'a lawyer's trust" in Stratford. Hi had arranged with Mr Spratt to conduct the case, but in the end Mr Spratt threw up the case, saying that he coulc not act against another gentleman in the profession. Mr Spratt denied having made this statement. The case was thrown ui by him because, on examination, tin defence was discovered to have n( merits.

Pivac then said that Mr Rutherfurd. when approached, had acted similarly to Mr Spratt. Mr Rutherfurd also denied any connection with a lawyer's trust. He intimated to the Court that his firm was not bound to take up a defence which had no merits. A lawyer could will bo excused, also, for declining to take a case which was bein<: Hawked all round the town. Pivac said he was merely seeking justice. Mr Wright, in his view, hat proceeded with the work without being instructed. Both he and Sankc spoke English imperfectly, and they desired to be represented by counsel. They could not get a lawyer in Stratford, and would, if necesary, get one from Auckland.

Sanko also addressed the Court, and contended that from first to last he had impressed on Mr Wright that nr work was to be done if the cost would be more than £2 or £2 10s.

The Magistrate (Mr Kenrick) told defendants .that they were foolish tc think of importing a lawyer, as he thought there would be difficulty in proving their contention.

As defendants adhered to their demand, an adjournment for a fortnight was granted. Mr Spence stated that he would make no claim for his appearance, in no way desiring to pile up expenses on defendants. Throughout the proceedings the utmost latitude was allowed defendanets by all parties concerned.