ALLEGED BREACH OF CONTRACT.

Wairarapa Age, Volume XXXII, Issue 9690, 14 January 1910, Page 6

ALLEGED BREACH OF CONTRACT.

CLAIM FOR DAMAGES

A claim for damagea arising out of an alleged contract for shearing was partially heard at the Magistrate's ; Court, yesterday mornine, before Mr R. H. Turton. S.M., when the case Roderick Mcßae v. George Moore, junior, was'called upon. Mr C. A. Pownall appeared for | plaintiff, and defendant was represented by Mr D. K. Logan. The statement of claim was to the effect that in the month of September, 1909, plaintiff was engaged by a native named Paku, th« duly authorised agent of the defendant, as one of j a gang of shearers to shear for the 1909 shearing season at the defendant's property at Eparaima Plaintiff presented himself there at the proper time to commence shearine, but was reiused work by defendant. The plaintiff travelled forty miles to fulfill the engagement, and lost other sheds, and lost considerable time through such refusal of defendant. Wherefore plaintiff claimed damages to the exten + 0 f £l7. ( Roderick Mcßae, shearer, stated that he was engaged by Joe Paku at about the beginning of September to shear at defendant's place. He went out to keep the engagement and when he spoke to Mr Moore, he answered that he did not krfow, anything about it. Two or three days before he went to Eparaima he met Paku and the subject of the shearing was discussed. Witness said to Paku that he understood defendant had commenced shearing, and that if Paku liked he would go to Mr .Nitz's place instead, where 'a boar that just been offered to him. Paku, however, said witness must hold to his agreement. By Mr Logan; He thought that he should have been notified that shearing had been started. He looked to the agent for the arrangements and not Mr Moore. When he got to the shed he found norie of his gang there. Paku said to witness that he had submitted the names of the gang to Mr Moure. He took it for granted that his name would be approved. Joseph Paku, shearer, stated he organised a gang to go to EparWitness was acting for Mr George Moore in the matter. Pain- ( tiff knew that witness was acting for Mr Moore. This was the third time he had acted for defendant, in the same capacity. Mcßae agreed to go with the others to shear at Eparaima, commencing on October 27th. ,The previous year defendant bad stated that he was quite satisfied with the work done, and that he (witness) was to get another gang together the next year. When witness went to'Eparaima with Mcßae, defendant denied that he had given witness authority to organise a gang. Defendant;did not give any reason for not taking his gang on. By Mr LDgan: About the end uf August he wrote t3»defendant, * submitting the names of the gang, but received no answer. Evidence Was also given by Peter Paku and Poua Ariaru. Mr Logan stated the defence was simply that Paku had no authority whatever to find shearers for the year 1909. He asked for an adjournment to allow him to call Mrs Moore as a witness. The adjournment was granted until 2 p.m. to-day.