Contractors' Dispute.

Taranaki Daily News, Volume XLVII, Issue 7903, 19 August 1905, Page 2

Contractors' Dispute.

At the B.M. Court on Friday the Magistrate guve his reserved judg* ment in Robert H. Cameron v. William G. Knyvctt,' claim for £75 royalty /on 3000 yards of stone taken from the plaintiff's land at Waiwakoiho, at tkl per yard ; and Cameron and Brooking v. Knyvett, claim for £3l 5a for crushing 1500 yards of metal aft 5d per yard. Mr Anderson appeared for the plaintiffs nnd Mr Quilliam for the defendant.

The S.M. in bis judgment on tho cases, which wers heard together, said the difficulty in the former caso was that tito plaintiff could not jirovi the quantity of stona taken by tho defendant, stating tyiat the defendant should have kept and produced a tally, and claimed for 3000 yards us being 'Well within the mark. This was too indefinite a basis, and consequently judgment would lie for £•"><} 15s Gd royalty for 2273 yards, tht quantity defendant admitted ho tpok, with £6 costs, 'fine judgment named would be less £35, admitted as being due to defendant on a counter claim. In regard ito the second case, tho S.M. said that. the agreement wns for crushing at per yard in Connection wi.th a contract which the de-fii-.xl-.int had to supply the New Plymouth Borough Council with road iiK-tal, which had to be screened. 1b oi'.ior to supply 5000 yards of screened metal the total quantity of ston« crushed w a s (iSOO yards, of which 1500 yards was the residum. Tho case rested on whether tho defendant was liable to pay sio much per jiard for the screenings, and the S.M.'held that the true 'agreemUiA was that the defendant had to pay upon tho gross quantity of stone crushed, 6500 yds. This Construction worked no injustice on the defendant, the S.M. pointed out, as he had sold the whole of the material- J udgmont was therefore entered for the antount claimed. Knyvctt v. John Hayes.—The plaintiff claimed £73 Jls for the hire of teams of horses and bullocks alrxl road metal supplied, while the defendant counter-claimed £55 6s 8d for drny hire, the detention of a- dray, and for claims arising out of the alleged non-performance of the plaintiff "U give defendant certain road metal', and the use olicentuin horse teams. Tho S.M. reviewed t,hc transactions lietwoen the parties and concluded by giving judgment on the . original claim for £66 16s 3d. with £6 12>> costs ; and on tho counter-claim he allowed £l2, lis, with £2 15s S ; <l 8d costs," together with an order for the return ot'ja dray. A non-suit wa* entered as to the balance. Mr Quilliam appeared for the pla ntiff, and Mr Anderson for the defendant.