A CARTING CLAIM.

Wairarapa Age, Volume XXXII, Issue 10135, 13 January 1911, Page 5

A CARTING CLAIM.

COLE v. HARRIS. A ca-«e was heard in cue Magistrate's Court at Masterton yesterday -afternoon, before Mr L. G. " Reid, S.M., in which Harry Cole and Sons carriers, of Masterton, claimed from Edward George Harris, farmer of Whakataki, a sum of £l9 7 s 6d, balance alleged to be due on a contract for carting.. 3-Ir G. H. .pullen appeared for the plaintiff, and Mr Pownall for the defendant. Harry Cole, livery-stable keeper and carrier, gave evidence that f the defendant ' had aslteid him to cart some timber to Whakataki for some Maoris. He said he would, not cart for the' Natives, but as the defendant, who had a Native lease, agreed to pay for the work, he consented to do so. He proceeded to cart the timber, but had not been paid. There was a break in the carting, owing to the heavy-traffic by-laws coming into operation.

. Edward' Geofge Hams, 4he; defendant, . deposed that he had been asked by the Natives to see Cole, and he did so. He had been; instructed by the Natives to endeavour to get the timber carted cheaper, but he was not successful. He told Cole that lie would pay on receiving an order froju-the Natives,. He paid £2O under instructipns front the Natives. H<j also paid an account of £l4 16s 3d to the Implement Company on behalf of the Natives. It was not correct that he .had made a direct promise to pay for the carting; He promised only to pay on orders when there was money in hand. Since the first two payments had been made, he had been instructed by the Natives to pay no more money. At the present time he had neither rent in hand, nor the crder upo' 1 which to pay. His Worship stated that the defendant -should-/ have been sued as an agent for the Natives, instead of personally. The matter should be settled privately. The case would be adjourned sine aie, to permit of the defendant paying froin ro;jt as it accrued. The plaintiff would bo required to pay the costs of the case. Mr Cullen, after consulting his client, stated that he preferred to take a nonsulc- r His Worship to this course, and,) plaintiff was accordingly nonsuited, with costs, 'amounting to £1 Is;