A BUILDER’S CLAIM.

Taranaki Daily News, 17 May 1921, Page 6

A BUILDER’S CLAIM.

A QUESTION OF “EXTRAS.

HAWERA CASE CONCLUDED.

Continuation of the hearing of a claim made by F. T. Crimp, of Hawera, against Mrs. A. Dunbar for the sum of £302 19s, balance allegedly due for the building of a house, occupied the whole day at the sessions of the Supreme Court at New Plymouth yesterday, the sitting being continued last night. The case involved the question of whether an estimate of £l4OO, given by Crimp, was to be regarded as covering the whole cost of the dwelling as completed, or whether he was entitled to charge for certain works, which he alleged were •‘extras.”

Defendant, Ada C. Dunbar, wife of the late Alfred Dunbar, and executrix in the estate, gave details of the arrangements made with Crimp in regard to the building of the house. Both herself and husband, she said, had made notes of several items they desired to have *in the house; these were to be included in a contract, and Crimp gave them an estimate of £l4OO. When the account came in for more than £l4OO witness was amazed, as there were no extras whatever to arrange for. Cross-examined by Mr. O’Dea, witness denied that a brick front fence instead of a wooden one was to be regarded as an extra. Items which had been charged as extras had been included in the specifications when the contract price was agreed upon.

Bernard A. Fama, builder, of Hawera, gave evidence that he had undertaken the building of the house (with concrete foundation) for £1450. The concrete foundation was not put in, and £5O was allowed for this. Subsequently witness had been approached by Crimp and ask ed if he (witness) 'had any spare work on hand. Crimp had then arranged to take over the contract of building the house for Dunbar. He met Crimp afterwards. and the latter said he had not done too well out of the job. Three issues were put to the jury, the issues and the jury’s answers being: 1. (a) Was a price agreed upon for the building of the house? —Yes. (b) And, if so, for what sum?— £l4OO.

2. Was such a price to include the articles in dispute? —Yes. Judgment was accordingly entered for defendant, with costs.