A PARTNERSHIP CASE.

Wairarapa Age, Volume XXXII, Issue 10113, 7 October 1910, Page 5

A PARTNERSHIP CASE.

BROOKS v. CULLOTY

A case was heard in the Magistrate's Court at Masterton yesterday afternoon, in which Albert Edward Brooks claimed from John Culloty the sum of £2O, as the plaintiff's half share on a joint contract of the parties for stumping and firewood cutting on Mr Cooper's property at Te Ore Ore. In the alternative, the plaintiff claimed from defendant the ■-.um of £lB 3s as wages on the contract from July 18th to September 3rd, being 242 hours at 12s per day. Mr C. A. Pownall appeared for the plaintiff, -and Mr G.. H. Cull en fjr the defendant. Main tiff, in lis evidence, stated that defendant took a contract in his own name for cutting firewood. Witness became jointly responsible with Culloty for the material required on f e job, and the understanding was that he was to have half shares in the profits. The contract was to be completed on September Ist. If it was not then completed, Tulloty was to take it over and complete it. Witness wa-5 in £ole charge of the contract. On September 3rd t e defendant took charge of the contract. Witness had not drawn anything out of the contract. He had tried to get a settlement with the defendant, who would give lim no satisfaction. He had offered to take a small wage rather than go to Court. The wood sold off the contract wag considerable, and the balance, on the amount of the contract, amounted to over £IOO. For t e defence, it was stated that the contract was a partnership one, and was not yet completed. The arrangement was that each party should share the results. Mr Fownall suggested that the case be'adjourned for a week, to permit of the contract being completed. Mr Cullen objected to the adjournment. Hi 3 Worship said it bad been proved that a partnership bad existed, and the contract was not yet completed. A came of action had, consequently, not arisen. Judgment would be given for defendant, without costs.