R. M. COURT.

Wairarapa Daily Times, Volume XII, Issue 3827, 4 June 1891, Page 2

R. M. COURT.

MASTERTON-THURSDAY, (Before Colonel Roberts, R.M.) Civil Rusuj ess. Jas Smith v Jfori Niui.—-Claim, £4-lis, Judgment for amount and costs. A. p, Milne v J. Hopwood,?-V Claim, £9 10p. # f Pownalffop plaintiff. JudgmenJ for amount and Same vA, E. £1 7s Cd. Judgment for amount ajwf costs.- "' /^* Same v W. Riddle.— Claim £7 13s. Judgment for amount and costa 17s.

Same vUoha Puha.—Claim, £2. Judgment for amount and costs. G. H. Shute v P. Gill—Claim, £7, rent due. Mr Beard for plaintiff, Mr Pownall for defendant. A set-off for £2 was put in by the defendant, being the value of a crop of potatoes. 6. H. Shute, sword, deposed that the defendant occupied a house of his until recently, and was paying a rental of £1 per week. He had made application for the amount due from August till October, but had not been paid. By Mr Pownall: Mr Dalrymple let the house in the first place by his instructions at £1 per [week. The rent was paid by defendant .to Mr D'Awy. He could not swear when the last payment was made, and he did not know what term remained

unpaid from his own knowledge. The defendant had seen him about a crop of potatoes but had made no arrangements about repairing the garden. Had given him a month's notice to lea», through his agent. Mr full power to make all arrangements for rent and other matters. When witness took possession of the house there was a crop of potatoes, but they wore of no value. A row and a half was dug op by him about six months after Gill left the house. He believed the cottage was papered by Mr Gill, but he did not intend to pay for it. By Mr Beard: The potatoes would not pay ftj^^ging. T. C. B%?tsS clerk, stated that he was Mr Shute's aerent for letting the

premises to Mr GilL i'he arrangement was that he was to commence his tenancy on April Ist at £1 per weeE; subject to a month's notice. The last rent received was on the 18th September, which was for rent due up to 21st August. The defendant left the place about 9th or 10th October. A month's notice to quit was given on the 18th September. He afterwards saw Mr Gill and asked him to vacate the premises a week earlier, if possible, which he agreed to do, and removed. The rent owing was £7. ' By Mr Pownall: Mr Gill said he would expect some allowance to be j - made for the potatoes, bnt witness , told him this matter had better be , arranged with Mr Shute. He might i have said that Mr Gill was entitled - to remove the potatoes or be paid for \ them. Mr Gill offered to paper the ] cottage if witness, on Mr Shute's ' behaH*would pay half the cost. The < half cost had been allowed. ; By Mr Beard: Mr Gill had never < objected to the amount of the rent. i By Mr Pownall: Would not swear l that lie had sent a written account. ] Mr Pownall claimed a nonsuit on j the grounds that there was no evi* i dence to show to what date the rent ,

was due. Mr Beard submitted that there were no grounds for a nonsuit, and the Court decided to hear the defence. [At this stage Mr Bunny applied for a reinstatement of the case Milne vßiddle. Mr Beard objected to an interrniJJßon of the proceedings of the Court, and his Worship decided not to consider the application.] George Heron, produce dealer, deposed to haying sold Mr Gill some seed potatoes. The value of early potatoes would he about £5 a ton.and a good crop would be five ton to the

By Mr Beard: He had not seen the potatoes, and could not say whether or not they grew. It was possible they were worth nothing. Thoms Braggins, a laborer at Mrs Felling's, Kurupuni, deposed to having gon the tops of the potatoes planted by Gill. He would think there was a good crop. By Mr Beard: He could not say what kind the potatoes were, only by the tops/ which were green. He could not tell what their value was, he being no judge of potatoes. Patrick Gill, sworn, stated that he did not owe for seven week's rent. He left the house on Monday, Oct 6th, having been asked to leave on that date. He objected to paying for the week which was only commentife. He first received notice from Mr D'Arcy to quit in a month. He then went to see Mr Shute, who : told him to remain on and not think of leaving, as he was arranging for another place. He told Mr D'Arcy -.this, but a day or two afterwards he got verbal notice to quit in a fortnight, and did bo. He was placed at great inconvenience in leaving, fie would not have taken it had he not understood from Mr D'Arcy he was to have it for twelve months. The worth of the orchard was about - £ls. Took the place from month to month on the understanding that he should be allowed to stop all the summer. After he had received the he had seen Mr Shute, who told him that if he did leave be would be allowed for the potatoes or would be allowed to remove them. About February he went to look at the potatoes and found them nearly all dag up. Mr D'Arcy had advised his beetling up with Mr Shute him- * self, as in his (D'Arcy's) opinion part, if not the whole of the ren ought to be remitted. , To Mr Beard: Supposed he was liable to a month's notice, but witl every possibility of keeping the placi through the summer. Objected to th< claim because notice was insufficient Left the place at the expiration o a fortnight, at the request of Mi D'Arcy. Left because he liked t<; things'quietly. Could not sweat the potatoes were worth digging because ho had not seen them. D'Arcy or Shute might have paid half the cost of papering the cottage. Wanted a refund of the 30s he had paid because he was not permitted to stay through the summer. Mr ShjgptecaHed, said the tops crop in December. nut of twenty-one. xot&wmken dug. "ru* rest were not worth digging. Would not sv~»*i that he had spoken of Had offered to allow Gill to dig the : potatoes. ~,•»» Mr D'Arcy, recalled, said that Mr Gill had no assurance made to him that he should stay through the summer. Had never on any occasion «iyen Mr Gill to understand that he could stay the summer. Had told him that it was impossible to tell when Mr Shute would come. Had repeated conversations with Mr Gill. This concluded the case, decision being reserved. \