MAGISTRATES COURT.

Wairarapa Age, Volume XXXI, Issue 9062, 10 April 1908, Page 7

MAGISTRATES COURT.

toASTERTON— THURSDAY. ADJOURNED CIVIL BUSINESS. Mr W. P. James, S.M., presided over a sitting of the Magistrate's Court at Masterton yesterday, when two defended cases, adjourned from the last civil sitting, were heard. CLAIM ON A CONTRACT. Frank Price claimed from Hugh Campbell, farmer, of Mount Bruce, the sum of £2O 17s, balance alleged to oe due on a bushfelling contract and other work. Mr C. A. Pownall appeared for plaintiff and Dr. Trimble for defendant. Dr. Trimbie said defendant coun-ter-claimed £9 15s for the non-cutt-ing o? patches of trees, and £5 for the loss of the use of iive acres for the season on that account. Frank Price, plaintiff, deposed that a verbal contract was entered into for falling 294 acres of bush at 80s per acre. The contract was completed in October, in accordance with the agreement. Defendant said there would be no dispute about the bush, and later he said he would not be able to pay for the whole of the work then, as he was short of cash. Witness instructed defendant to pay the money due into witness' account at the Bank of New South Wales. The amount paid in was j £2O 17s short, and on witness speaking to defendant about the balance the latter said he had paid all ha intended to pay in respect of .the contract. Plaintiff had received ro complaint whatever in regard to the way tlu contract was performed. j By Dr. Trimble: There may have j been patches of dead timber in the i bush, but it was agreed that no dead timber was to be r.ut. It was not usual to cut the dead timber. Witness denied that he agreed to cut the trees felled at a height of two feet from the ground, No ponga trees j were left uncut, nor was any green I timber left standing. Dr. Trimble said that defendant; contested the claim on the ground j that over five acres of green and dried patchps of timber hal been left j uncut, also various detached treej j which should have been cut under I the agreement entered into. Hugh Campbell, defendant,deposed that various patches of timber had been left unfelled ■ which were to i have been cut under the contract. .The amount counter-claimed represented much less than witness' actual | loss. I !

By Mr Pownall: A fire had swept the area felled when witness said lie would not pay any more on the contract. Had allowed plaintiff to proceed with his contract although it was not being done according to the agreement. Made no complaint regarding the contract until plaintiff asked for his money. John Campbell, ran of defendant, said he had to draw plaintiff's attention on one occasion to a bunch of supplejacks not being cut. This was the only complaint made by witness when superintending, and the contract might then have been a third completed. After hearing further evidence, His Worship entered judgment for the plaintiff on the claim proper for £l2 2s, with costs £4 2s. Judgment also went for plaintiff on the counter claim.

ABOUT A HORSE. James Deane, an infant, coachbuilder, sued (by his next friend, his mother, Mary Deane) Terence Meredith, clerk, also an infant, for the sum of £75,, value of a horse, and £lO, for alleged wrongful detention of same. Mr B. J. Dolan appeared for plaintiff, and Mr D. K. Logan acted as guardian aa litem for defendant. There were over a dozen witnesses called in this case, the substance of which was that plaintiff was alleged to nave been given a horse by his father, who afterwards revoked his gift, and sold the horse to defendant. Mr Dolan quoted numerous authorities to support his contention that actual physical passing of personal property was not indispensable to constitute a gift. Mr Logan argued that some of the authorities quoted by opposing counsel proved the opposite to what the latter contended. The Magistrate said he was satisfied that Deane, senr., had intended that the horse should be a gift to the son (plaintiff), but as Deane had not only retained possession of the horse, but had fed it and worked it, it could not be technically argued that a perfect gift was made. Judgment was given for defendant, with £5 8s costs. Mr Dolan asked the Magistrate to fix the security in the event of an appeal. His Worship fixed the amount at £lO.