MAGISTRATE'S COURT.

Taranaki Daily News, Volume LVII, Issue 213, 16 February 1915, Page 4

MAGISTRATE'S COURT.

• A DISPUTED CLAIM. ' '/) MILKING MACHINE IN At tile Magistrate's Court yesterday, before Mr. A. C'rooke, S.M., the Gani Milking Machine Co. (Mr. Johnstone)] sucr Harry Lett, of Pungarchu (Mr C. H. Weston) for £195, the price of a' second-hand milking machine supplied to tho defendant..

From the opening statements madtij by counsel, it appeared that defendant' consented to purchase the machine in question, which was to be installed iil good running order. Defendant appears to have objected to purchase if an en-, gine was required, as he preferred toi use water power if there was sufficient available, as he had been led to believe there was.

Th e defence was that the machine ha'dt never been in working order, and could! not therefore be used. In reply thereto! it was claimed that the inefficiency waS caused by lack of sufficient waterpower. Defendant counter-claimed for £2OO. " ~

For the plaintiff, Mr. Johnstone called Messrs. Taylor, Pickering, Jenkin, and Brown to give evidence in support of tha claim. It was admitted that the com-, pany was desirous to do all that was .necessary to secure the working of the machine.

For the defence, Harry Lett, the defendant, testified that Pickering called upon him several times relative to buying the machine. He told Pickering that hp would not buy an engine, but would go in for water-power if ther# was sufficient. Pickering got Kennedy, to take levels, the report being to the effect that there, was plenty of water, and that lie had never seen the creek dry. Witness arranged for Kennedy toi pome back and take levels, and then witness would sign the order for the! machine, but Kennedy did not do so. Witness wanted the dam lower where storage was available in dry; weather. Kennedy said there was no> need for that, as there was always plenty of water in the stream—not even' the need lor dam. He contended that the water-power work was faulty, and that the machine had never been in going order. He admitted that Taylor had said it should be all put right, and that he had offered to give two town sections to be done with the matter. In cross-examination, he stated that after, Christmas there was not enough water to turn the wheel.

Mr. E. Maxwell also gave evidence as to the condition of the plant, and its effect on the cows. The further hearing was adjourned until this morning, ;