ELTHAM.

Taranaki Daily News, 28 October 1916, Page 3

ELTHAM.

SHARE-MILKING DISPUTE. At the Magistrate's Court at Eltham on Wednesday, before Mr. W. R. Haselden, S.M., John Howard, of Eltham, share-milffer, sued Martin Bolgcr, ot ■Hawera, farmer, for £l9l, being £175 tor alleged breach of a share-milking contract, and £lO for labor. Alternately, he sued for £56 for wages. Plaintiff alleged that he had entered into a share-milking contract tor the present milking season, and that milking machines were to be used. The machines, he stated, ' were so inefficient that he could not use them, and he therefore gave notice to the defendant of his intention to leave. The agreement with Bolger -was made in Hay, and was to be continued for the I'9l<J--1017 milking season. The defence was that there was no concluded contract between the parties, and that even assuming there were, the contract, not being in writing and contemplating a longer period than a year, was unentorcable. After hearing the plaintiff, ihe Magistrate said he was satisfied that the claim for damages (£175) couid not succeed, for the reasons raised by the defence, but he thought that, apart from any legal questions, the defendant should pay a reasonable amount for the work actually done. Counsel for the defendant said that his client liad always been willing to do this. Aiter a short conference between the parties counsel stated tiiat defendani had agreed to pay £25 to plaintiff for the work done, and the claim for damages would be abandoned Mr T. B. Crump appeared for plaintiff, and Mr IP. O'Dea (instructed jv Mr (5 H Ryan) and with him Mr Ryan, for defendant.