DISPUTED ACCOUNT

Wairarapa Times-Age, 5 June 1941, Page 6

DISPUTED ACCOUNT

DEFENDED CIVIL ACTION. BRUSH BETWEEN MAGISTRATE AND DEFENDANT. In a defended civil action heard in the Masterton Magistrate's Court this morning. G. Malmo Ltd. sued C. H. Lethaby for £29 12s. Mr H. P. Lawry. S.M., gave judgment for plaintiff for £26 12s with £5 Is costs. Mr S. V. Gooding, who appeared for Messrs Malmo Ltd., stated that the case had been adjourned by arrangement a month ago. i Mr Lawry: "You should h’ave had the consent of the court." Proceedings became somewhat heated in the initial stages of the case. Mr Lethaby stated that he challenged the amount charged. Mr Lawry pointed out that defendant should have filed notice of defence when he received the summons. Mr Lethaby offered the Magistrate the cost cf the adjournment. “Who do you think you are to talk to me like that?" asked Mr Lawry. He threatened to stand Lethaby down for contempt cf Court and ordered him to sit down and "cool off." "Now that you have come to your senses we will proceed with the case," said Mr Lawry. after a lapse cf a few minute’. Mr Good’ng stated that the claim was for repairs made 'to Lethaby’s truck come limo ago. A quotation cf £27 was given for the work. With Mr Lotimby's commit. additional repair.:, making a total coat of £37 3s. were carried cut. The sum of £29 12s, which was sued for. was the balance owing bv Mr Lethaby. In questioning Mr C. N. C. Malmo. Mr Lethaby, who conducted his own defence, set out to check the lime charts for the job. Mr Malmo admitted that the offi-o s'o'fi' had made an overcharge c f £2 19s fid. Mr Lethaby alleged that .hero had been bad w nkmt'nship cm m: ruck He had complained since th. job had been completed. Mr Lowry gran'ed a request by Mr Goodins to have his cl' .:' -'e Tied io refute allegation:: cl bad workmanship. Mr Malmo gave evidence cf a technical nature. Mr Lowry, in giving judgment for Plai’ititf tor £23 H’s with costs £5 Is. observed that to defendant content:.ms ■:.o::'d savour cf ;’.:a md.cu-