R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2800, 17 January 1888, Page 2

R.M. COURT.

MASTERTON.-MONDAY,

(Before Messrs B, Meredith and W* Lowes, J.P.'s)

Smith and Hogg v Wm Whitt.— Olaitn £l2 8s Gd. Mr Bunny appeared for plaintiffs, Mr Beard for defendant, The latter solicitor, on behalf of his client, confessed judgment tor £lO 18s 6d. The exception taken was to the charge of 30s for advertisement from November to February, as the quarter had not yet expired. Joseph James Smith, of the firm of Smith and Hogg, gave evidence as to the arrangements made re advertising between their firm and Mr Whitt. "Notice had been sent to discontinue advertisement; but it had gone three weeks into anotherquarter. Plaintiffs had refused to do so until expiry of quarter entered upon. Witness then read the letter from defendant,; in which the latter stated his reason for discontinuing was merely on account of economy, It" wan a trade custom throughout New Zealand foracivertjaei's

to olaim for whole quarter if broken.-.- -fj into. , ' , By Mr Beard: No arrangement lmd ,' - been made to pay for tbo advertise'' oient in advance. When defendant ordered the-advt. out, plaintiffs, knowing that he would have to pays>r the rt v full quarter,'gave him the benefittfb-' keepingitin until the expiry of thereafter. Witness then read the following notice as showing the trade custom, from , the Wairarapa Daily :—" Advertisements ordered by the month or quarter and countermanded before the time agreed for expires, will be charged for > the full term unless by special arrange- > ment." -

Mr Beard: Have you a similar notice inserted in your journal. Witness: No j but it is generally understood that advertisers pay in full for a broken quarter. ■ , * Richard A. Butchor, journalist, was .called to give evidence re customary, charges for quarterly advertisements. As for as he knew there was no trade custom, If notice was given to him,' to withdraw advts. he would do so, ; Mr Beard, on behalf of defendant,! objected to pay for the quarter had not yet expired. He contended' ' the contract hud not yet been completed, therefore his client was not entitled to pay. When completed, defendant could rightly enforce payment, and not before. ;.,.. The Court, after careful consid»' •-.•;: tion, were of opinion that the balance of account was one of an uncompleted; contract. The plaintiffs bad declined; to take out the advertisement, but pre-. ". ferred to allow it to go on till the end / of. the quarter, Defendant had ; expressed his willingness to pay when the contract was completed, and as no prior arrangement had been made as to payment in advance, they would give ; judgment as confessed, with 12s costs and solicitor's fee, and nonsuit the .. balance of 30s, the costs of the latter, 22s 6d to be borne by plaintiff.

John Williams v Wm H. Allsworth; —Claim £lO, cash lent. Mr Skipper appeared for the plaintiff, Mr Beard" for defendant, The defendant asserted that the amount had been included in a general settlement of plaintiffs Brancepeth .station'account, \ ■;; '■■•'; Plaintiff denied this, and said he,W, had not been repaid. Judgment given for defendant; including solicitor's ""• fee and witnesses expenses. ,jfc.. The case ofL, J. Hooper v Papworth was adjourned to. the 30th instant.