Contractor and Borough.

Taranaki Daily News, Volume XLVII, Issue 7750, 28 February 1905, Page 2

Contractor and Borough.

JUDGMENT FOR THE BOROUGH.

Judgment was given by Mr T. Hutchison, S.M., on Monday, in tho case of J. Salt v. the New Plymouth llorough Council. This was a claim for £l2 ss, balance alleged to be due on tho contract to build a lire station in Devon St root East. The evidence was heard on Friday last. Mr Roy (|{ o y and Wilson) appeared for plaintiff, and Mr Quillinm (liovett and (Juillin-m) for defendants. After reviewing the evidence at length the S.M. said if it were possible to decide the controversy upon the evidence of the master builders called, in the , ordinary way, there would be no difficulty in saying that plaintiff must succeed, but unfortunately the case could not be decided in that way. After further reference, the S.M. said there was a genrul condition that the engineershall be sole arbiter as to the meaning of all or any part of the contract, ami therefore the case must be settled adversely to plaintiff. In regard to (he smaller amounts claimed the same fuels obtained, and the plaintiff must be limited to the aluounl agreed to by Hie engineer. Judgment for £1 was- given in accordance with the engineer's value. No costs were allowed. Subsequently it was admitted by plaintiff's counsel that the £1 hail been paid by the borough, and tho judgment -was altered accordingly,