RESIDENT MAGISTRATE'S COURT.

Colonist, Volume II, Issue 137, 11 February 1859, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, February 9.

Before the Resident Magistrate. " T. C. Batchelor v. Midg'eley.—To recover an amount of account admitted by defendant for £11 13s. : 6d., the plaintiff being disposed to grant liberal time for payment. .... Ordered to be paid in six weelfs.

A. G. Betts v. G. Morley.—Plaintiff sued Murley for balance of two years'- account, amounting to .£l9 4s. Bd., defendant shewing a set-off for. .£ll 13a.,.various items of which wore disputed by plaintiff. G. Morley sworn : I was employed by, Betts to do some work at his place. I did the whole of the work mentioned in the bill on the dates specified. I make entries in my .day-book as the work is done. The first item is according to my usual prices; the second also is a proper charge. Betts wanted me to strip the shingles off the roof of his house, but I advised him to do it himself to save expense ; he attempted to do it, but could not accomplish it, so I had to finish it myself at day work. The shutters mentioned in the account were four, for which I charged 355. The shutter-lifts, studs, plates, &c, were charged at prices that I have sold them to others, and produce books to prove that plaintiff was not overcharged. A. G. Betts sworn, said: In January, or February, 1858,1 observed a Mr. Pettit shingling close by, and asked him about doiDg my own roof. Pettit examined the roof, and agreed to do it at 10s. per square; there were ten squares in the roof. I went to G. Morley, who owed me money, and told him. the terms that I had agreed upon with Pettit, and Morley undertook to do it at the same.. That agreement was never altered, and I never employed him at day work. He didn't complete the job, and I had to employ George Stott to finish it, for which I paid him 10s. Morley left my work suddenly for the Waimea, leaving the

roof in an unfinished state. The shutters, charged 355., were agreed upon for 305.; the tops and lifts are in my account to him; the price should be 2d. each. I sold him about two ] cwt. of shutter materials for £1 3s. 4d.; it was a job lot. I took the shingles off myself. Elizabeth Betts sworn: I was present at the conversation. Morley said that he was agreeable to do it at the same price, 10s. per square, and I said, you can do so. Mr. Betts took off the old shingles, which were taken off from time to time. I made the agreement that the shutters should be made complete for 30s. or 355., and to include the lifts. Pettit was to charge 12s. per square if he took the old shingles off. Mr. Travers contended that the price at ■which Morley bought the ironwork at the time it was unsaleable, had nothing to do with any remunerative profit that he had charged since for any portion of it; and in corroboratioh of the disputed point as to whether Morley did or did not strip offthe old shingles, called as witness . John Freeman, who upon being sworn, said : I saw Morley at work on Betts' roof, and saw him stripping off shingles with a spade or shovel. My attention was called to it by his being at work so early that morning. Judgment for plaintiff for .£9 10s. 6d.