MASTERTON, FRIDAY.

Wairarapa Daily Times, Volume IX, Issue 2937, 29 June 1888, Page 2

MASTERTON, FRIDAY.

W. B. Buick v P. Carr.-Claim £3014; £32 for rent and £2los for rolling 50 acres land. Mr Beard for plaintiff and Mr Bunny for defendant. W. B. Buick, farmer, Opaki, deposed that lie leased a piece of land to Mr Lyons, in November, 188 G. On 12th May, 1887, he saw Mr Carr, who said he was about to take a paddock from Mr Lyons. Mr Carr, knowing the paddock belonged to witness, asked if he had any objection. Witness had no particular objection, but told him that Lyons had not paid up his rent, and he had better arrange with him (witness) direct. Saw defendant afterwards who said he had arranged with Lyons to rent the paddock ,for £32, Witness said he would havo to pay the rent to him. Defendant said all right On December Gth witness gave Cannotice that he had resumed possession of the paddock, and asked him to call and arrange for cancelling the agreement with Lyons. Ho verbally promised to do so, but nevor did. On February 17th of the present year, witness went to Mr Carr, and asked him about the rent. Mr Carr said; " The market is full, and I cannot sellmy grain now. You are not going to jump on me, are you?" Witness said "No." Saw defendant several times, and he promised to pay the money into the Bank. Another time, he promised to give witness an order on Mr lorns Subsequently, Carr said Lyons owed him £2O, and he (Carr) owed somebody a balance of £l2 j ho did not know who, Witness subsequently instructed hi« lawyer to take proceedings, The amount for rolling was estimated at 50 acres at Is, which was rather under than ovor the mark. Cross-examined by Mr Bunny : The paddock had not been measured. He let the property to Lyons, who sub-let it to Carr. Had not been paid any part of the rent, The promissory note for 1/90, produced, wa.s from Lyons to himself backed by Can-. That was for rent owing by Lyons and nothing to do with the 82 acres. That Bill was dishonored and witness took a Bill in lieu thereof from Carr for £2O. That had been, paid. He pave Carr verbal notioo in November that ho ljad taken possession. In December he gave Carr a mitten notice, The Bill from Lyons was not backed by Carr as part payment of the rent of the n #l.o,c.k, Lyons owed him for goads supplied over £2O. Qn the he got the Bill backed by Carr for X!io he gave Lyons a cheque for £5 out of it as he said he was hard up. By Mr Beard: Carr_ retained p-. session of the land until no got tho crops off tlje }pl, Ho cancelled the lease with Lyons on the Ist November and gave a fresh agreement to Carr. He did not know there was a written agreement in existence between Lycp and Carr. If he had known of tmeb, a document being in possession of Mr B.unny he would not have allowed him (Mr Bu,nnyj to, take the crop off the lam} without first paying the rent, (Left Sitting)