R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3751, 11 March 1891, Page 2

R.M. COURT.

CARTERTON—TUESDAY. (Before Colonel Roberts, R.M.) W. H. Franks v. Kingt Ngatuere. Claim, £2 7s 6d. Judgment confessed. Angus Fraser v, Offsoski. Claim, £2O. Mr Bunny for plaintiff, Mr Beard for defendant. The case arose out of a breach of contract in not cutting and supplying the plaintiff with chaff as per agreement. Angus Fraser, sworn, deposed that on the 24th December last he entered into an agreement with the defendant to supply him (the plaintiff) with chaff at lis per ton and that he would have about 60 tons, and he promised to let him know as soon as he was ready to commence cutting. About a week afterwards he got a note from the defendant, stating that he oould not .fulfil the agreement, and he at onoe informed him that he should hold him to his agreement. To Mr Beard : There was no particular quantity mentioned. Mrl MacPhee's name was not mentioned in the job. He did not say that he wished the man to cut it who had done it on previous years. He did not tell witness anything about not having sufficient bags. He did not say a word about McPliee's being a smaller machine and that he would rather employ him. He asked witness for his address so that he could write to him.

By Mr Bunny : He got my address for the purpose of letting me know when to come down to his place, Martin Offsoski deposed: I only know the plaintiff by sight. He and another man came to my place and said something re my chaff, and I asked him whether he wanted to buy it. He said no, he only wanned the job to cut it, I said " I dont know, MoPhoe has always cut it for me before." I asked him how much a ton, acd he said lis. I said, "how much will you cut in one hour ?" He replied 8 tons. I said, " I don't think I can keep the machine going in bags if. you cut so muoh." McPhee out for 10s a ton, but he had charged 12s a ton on previous occasions. The plaintiff did not mention anything about my supplying the firewood for the machine. I had seen McPhee before I saw Fraser about cutting the chaff, and I had already arranged with McPhee to cut it for 10s a ton. I saw him again after I had seen Fraser and 1 told him what Fraser had offered to cut the chaff at per ton. I asked McPhee what he could cut it for and he said 12s a ton, and I told him I would only give him 10s, which he promised to take. 1 did not promise Mr Fraser the job. I only wrote him the letter just to let him know that he had no occasion to come. I would not have accepted Fraser's offer to cut the chaff if McPhee had refused to cut it for less than what he had charged on previous occasions, bocausa I could not have supplied Fraser, with bags. McPhee cut jSB tons of chaff for me. He was some eight or nine days over the job. Fraser and Hunter could have seen Mrs Wilde on the verandah when we were talking together about the chaffcutting. To Mr Bunny: I had made no bargain with Fraser and that was the reason why I did not reply to his letter or Mr Bunny's, To Mr Bunny < I never saw the plaintiff till he caaie to my house about the chaffcutting. He wrote his name and address and gave it to me.

James Hunter, sworn, deposed : I am in the employ of the plaintiff and 1 was with him when he went to the house of the defendant on the day before mentioned. The conversation about the chaffcutting took place' opposite the house of the defendant. There was no one present but ourselves when the arrangement was made. Fraser aked him whether he had engaged a machine, and be said he had. Fraser said, •' then that's settled," and was going away, when Offsoski asked hiuVwhat his terms were. Fraser

told him 11b a ton for cuttiiig. Offsoski was to find the firewood and the bags. There was expected to be about 60 tous. He asked Fraser when he could come, if he could come when he was ready for him. Fraser said if he sent him a memo or a posal note lie could come the following day. The defendant was satisfied with the terms made and the last words were used by the defendant, "you keep your word and I will keep mine." Fraser replied, "all right, when you are ready I will be there." Affsoski asked Fraser for his address. I wrote it at the request of Fraser and handed it to Offsoski. I fully understood that Offsoski was to let Fraser know when he was wanted, and that he was to be there in a day's notice. In the course of conversation I believe that Offsofki said that McPhee would cut it at lis. I con> sidered when we left Offsoski that the bargain was made for Fraser to do the work. To Mr Beard : I dare say Fraser heard what Offsoski said about McPhee. I don't remember whether Fraser made any remark to Offsoski in reference to McPhee's price. Offsoski was to write to Fraser to let him know when to come and do the job. Offsoski did not say that he would not be able to supply the bags.. It is a customary thing for all machine workers to stipulate that there should be no delay about bags. I did not notice anyone on the verandah while we were in conversation about the job. Mrs Wilde, daughter of tne defendant, stated that she was wiih the plaintiff at her father'd house on the 24th December last, and further corroborated the evidence of the defendant.

The plaintiff, re-called, stated that he considered his loss to be some £l7 through not getting the job. The plaintiff was non-suited with costs. £2 7s lOd, and solicitor's fee 21s.