MAGISTRATE'S COURT

Taranaki Daily News, 24 February 1920, Page 6

MAGISTRATE'S COURT

YESTERDAY'S SITTING. REPAIRS TO HOTEL KITCHEN. The New Plymouth Magistrate's Court vestcrdav was presided over by Mr T. A. 13. Bailey, «.M, The hearing of the claim by Arthur Uaughey (Mr. Croker) against Mrs. Marin McKeau (Mr. H. R. Billing) for £23 for work done in repairing the cement plaster floor of the kitchen of the Criterion Hotel, which was partly heard at the previous civil sitting of the Court, was continued yesterday, Evidence was given by Arthur L. Roberts, building contractor, New Plymouth, wbjo estimated the job would cost £2O Hi). In making an estimate for eueh a job allowance had to be made for repairs that might hiwe to be made to the concrete underneath. He thought £25 a fair estimate for the job, . Under cross-examination by Mr. Billing, witness said lie thought it would have taken about four men about three hours to have picked up the old floor, and the plasterers would have laid down the new plaster in about five hours. Mr Billing applied for a non-suit on the ground that, as tha work was done by contract and payment would he made when the contract was completed, on plaintiff's own evidence the work had not been finished, therefore, plaintiff had sued before he was entitled to. He had offered to make an allowance of £2 for the unfinished portion of the work. The non-suit point was reserved, and the defence was proceeded with. Mr. Billing stated that in addition to the non-suit point it was submitted that there was no contract made, but simply an estimate given. It was further contended that plaintiff had done such a poor job that lie was not entitled to any payment.

Evidence in support of defendant's case was given by Mrs. McKean, George Henry Wooller, chef at the Criterion Hotel, and Fred Coleman, builder. Judgment was given for plaintiff for the sum of £ 18, with costs. UNDEFENDED CASES, Judgment for plaintiff by defeult was given in the following undefended eases: Newton King (Mr- A. C, Lawrey) v. WJ. Bowling and Co.. costs ojilv (19s); V. C. Anstis (Mr. R. H. QaiHiam) v. George Bennett, £3(! 9s (costs £3); Frederick Green (Messrs. Roy and Nicholson) v. Harry Scekamp, £2 9s fid (costs 10s).