DISTRIT COURT.

Wairarapa Daily Times, Volume XI, Issue 3788, 17 April 1891, Page 2

DISTRIT COURT.

MA STERTON-THURbDAY.

(Before His Honor Distriot Judge Robinson). EOHDE V ALPASS. This was a case in which Ferdinand Eohde,; laborer, claimed £HB or an alternative amount (£9B) from S. J. Alpass, settler, of Alfredton, lor bush felled according to agreement and damages sustained. Mr Beard appeared for the plaintiff and Mr Bunny for the defendant. The following jury was empanelled : —O. H. Osborne (foreman), W. W. Scott, A. Chisholm, and J. L. Murray. Mr Beard having stated the case, Ferdinand Rhode, sworn, deposed.: On or about the 16th day of May, 1890, I entered into an agreement with the defendant to fall certain bush at £1 per acre. I signed the agreement drawn up, which has been in Alpasß' possession ever since. I commenced work on May 16th. Alpass said there would be 350 acres more or less. I continued working till November. In October I made a fresh arrangement with Alpass to fall ajl the bush he wanted down, and work till the end of January. He agreed to this. We were to leave all the small stuff. I went on working till November, when Alpass took my J three men away to, gQ shearing. Alpass had previously told me he would require one named Fred Knowles, but he did not say how long he wanted him or what he was to do. On November 29th the men went shearing at Alpass'with the intention of finishing the bush. A,lpass said he woull not have a stick more fallen, but asked me to cut down certain green patches. Myself and boys did this. We were three dajs aUt The grseu patches

had grown since the bush was felled. I told A!pass when I had finished and he said that would do. I then asked him for money and he replied he would not give me a penny. I asked him to come and measure what I had done, and he said he would not. I then asked him for the agreement, but he refused to give it to me, and told me to clear off his place as quick as I could. I measured the bush fallen and there were 280 acres. The work was done in accordance with the agreement, arid I was ready and. willing to complete it. Besicbs the money owing I have suffered damage by being prevented from completing the contract I could have made about £2O on the 94 acres of unfinished bush, which was all light stuff. I could have felled it for under 15s per acre. I was supposed to fall 350 acres according to the tenders. I had to travel back and forwards to Alpass's and to Masterton. I have applied for payment for the balance ot the work. By Mr Bunny: lam suing for £9B and £SO damages. Under the agreement I was to complete the contract by November Is*., but by special arrangement I was given to the end of January to complete it. The bush was light. People as a rule fall in the winter time. 1 was to pay Alpass £1 a day penalty for every aay after the date fixed for the completion of the contract. The men left me ot their own accord. Mr P. 0. Frazi, authorised surveyor, gave evidence as to the quantity of bush that had been felled, and stated that the work had been very well done. Frederick Knowles, deposed to | having been engaged by the plaintiff, and assisting to fell the bush. He also related a conversation between the plaintiff and the defendant, in which the defendant stated that he would be quite satisfied if the work was finished JjjL.tlie,end ofDecember. /•"fhTSourt then adjourned till next day. FRIDAY. On resuming, August Rohde, son of plaintiff, corroborative cidence and was examined at some length byMr Bunny. Peter Stoke deposed to having inspected the bush foiled by Rohde and found the work satisfactorily performed. Tbe bush felled was the heaviest of the contract. This was the case for the plaintiff. For the defence, Mr Bunny submitted that the plaintiff should be nonsuited, as the conditions of the contract had not been complied with. He admitted that the time had been extended to the first of November. Mr Beard was replying when we went to press.