ALLEGED BREACH OF CONTRACT.

Wairarapa Age, Volume XXXII, Issue 9691, 15 January 1910, Page 5

ALLEGED BREACH OF CONTRACT.

CLAIM FOR DAMAGES. The hearing of the case, Roderick Mcßae v. George Moore, junior, a case arising out of an alleged contract for shearing, which was commenced on Thursday, was continued yesterday at the Magistrate's Court, before Mr R. H. Turton, S.M. Mr C. A. Pownall appeared for plaintiff, and defendant was represented by Mr D. K. Logan. George Moore, junior, manager of Eparaima Station, stated that he paid his shearers off in 1908 about December 3rd, including Paku. There was nothing said then about the 1909 shearing, and no arrangement was, made. It could not be said definitely when the next shearing would take 'place. He saw Paku severa' time** after the 1908 shearing, and no mention was made of the next shearing. In September Paku wrote him a letter forwarding the names of the shearers. Subsequently witness rang up Paku, and told him that he did not want his gang, but if he (Paku) wanted a stand lor himself he could have one. He had no communication with him after that until Paku and Mcßae arrived at the station about four or five days after they started shearing. Witness asked Paku why he was going on in this way, and he replied that he had arrangements with him to get a gang. Mcßae said he had a right to Paku's stand, which ' witness disputed. Mcßae said either witness or the Maori were not telling the truth, and he would find out I who it was.

By Mr Pownall: He certainly did not authorise Paku to organise the gang in 1908. He believed that his father had gone to Tai Te Tau to get him to get the Maoris to withdraw from the case. He would not deny that he had got his full list of shearers by September 4th. After he received the letter he rang up Paku telling him that he did not want his gang.' He paid Paku £1 bonus in 1907 on account of the trouble he had taken in getting a gang.

Lucy Jane Moore, mother of defendant, stated that she received communication from Paku. A few days before the|shearing Paku telephoned to the house asking if her son had a stand for him. He said that he could not come, but could send McRae. Witness said "No, you need not send him." Witness knew that her son always engaged his own white shearers. Mcßae rang up sonn after, and asked when the shearing started, and said he as coming up. Witness said there was no occasion to come. Miss Moore had the other receiver of • the telephone while witness was talkine to Mcßae. Jane Moore, sister of defendant, stated that a telegram was received from Paku as follows:—"Give Mcßae stand or I will have to pay him £5. ; Kindly oblige. Reply, Taueru." The wire was addressed to George Moore, and was received the day before the shearing. Paku had also telephoned to the house. Joseph Paku, re-called by Mr Pownall, said that he sent the wire to defendant after Mcßae returned. The wire was sent in the morning. Mr Logan held that the onus of proof of the agency lay with the plaintiff. This concluded the case, and His Worship intimated that he would deliver his decision at 10 o'clock this morning.