SUPREME COURT.

Taranaki Daily News, 12 August 1920, Page 8

SUPREME COURT.

BUILDER SUES DAIRY CO. . Judgment was given at Nelson on Friday, August 0, in the case wherein Mt. 'Sam Lockhart, builder, Havfira, sued the Collingwood Co-operative Dairy Co., Ltd., for £IBB l'2s 9d for commission, £IOB 8s lOd for use of building plant, and £IBO 15s 9d, which sum included £lO2 sfor architect's fees, balance being for workmen's fares an(T freight. The plaintiff alleged that he had entered into a contract with the company to ereet two dairy factories, and that he was to get a commission of 10 per cent, on \he total cost of the work, and be paid £3 per week for the use of his , plant while on the job; that he entered into the contract and part completed same, but that the defendant company broke certain terms and conditions of the contract, entitling plaintiff to discontinue the work and Bue for moneys due to him in respect of commission, use of building plant, and moneys paid on account of the company. The defence alleged that the company had not broken any of the terms of the agreement, and that, the plaintiff wrongfully failed to complete his contract, and that plaintiff was therefore not entitled to commission, find that in any event the company was not liable for the architect's fees claimed. The company also counter-claimed for damages in respect of the alleged wrongful abandonment of the work the sum of £3OO. The case came on for trial before Mr. Justice Herdman on June 29. The court held that, as there was no specific contract to perform the work for a specific | price, the act of plaintiff in discontinuing the work did not amount to a breach of contract, and the plaintiff was held tc be entitled to recover commission up to the time he left the work, being the amount claimed, and in addition thereto a further amount to be ascertained on accounts to be taken between the parties. The plaintiff was also allowed three-quarters of the amount claimed for the use of the plant; freight and workmen's fees were admitted by the defendant, subject to a slight adjustment, while the court disallowed the claim for £lO2 for architect's fees. Judgment was given for plaintiff also on the counter-claim. The total amount for judgment is to be ascertained on accounts which the registrar was authorised to receive. Mr. F. C. Stiratt, of Hawera,, - was counsel for plaintiff.—Star.