R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4171, 21 July 1892, Page 3

R.M. COURT.

MASTERTON.—THURSDAY. (Before Colonel Roberts, R, M.) BEKTON V, BURLING. This was ii casein which G. Benton builder, of Alfredton, claimed from H. Burling, junr., cottier of Tiraumea, the sum of £GG 7s Bd, the balance duo in a building contract, and the return of certain building material, or its value, £OO 0s 9d. Mr Pownall appeared for the plaini tiff, and Mr Beard for the defendant. George Benton, on oath, deposed that on or about the 6th July, 1891, be contracted to build a house lor the defendant according to the plans and specifications, According to the specifications, witness had to provide all materials and erect a house for the defendant for the sum of £230. The work was to be commenced in in March and finished in May, 1892. Owing to the nonarrival of the timber the work was nob commenced till April, i Witness performed his part of the] contract, He worked at the building until 9th June. A few days before that date, the rough part of the building was finished. He could -have completed the work for £l6 or £l7. lit Burling asked him if he intended to leave the job altogether, because he went for a few days to complete a job which ho had previously started, Witness stated that he intended finishing the job, whereupon Burling .replied, "I shall fine you ten shillings la day for every day you are over the time," Witness merely said, 11 Yes,' 1 Burling afterwards stated the work was not done according to the plans. Witness replied that it was. The defendant said it would be better to get somebody else to complete tbe work. On June oth Burling said he would have to get fresh posts and raise the verandah. This witness replied was impossible, and he showed how the verandah could be raised without fresh posts. The verandah bad been built according to specifiations, Burling turned to him and said, "you have been doing all the slumming and roguery possible since the frame has . been erected." Witness thanked him for his compliment and said if hu wiahed fresb posts to his verandah he would hare to pay for them. Burling 'then came towards him, waving his hand and said, " 1 order you out of this building and off my premises," Witness replied, " Are you going to order me out of the building ?" He Said, " Yes, clear to h— out of this," fitness tuld Northcroft (his man) to knock off, and was going out of the building, when Burling said, "You're a d • rogue." Witness replied, " If you call me that again J'll hit you tinder the ear and knock you out of the door." Burling said witness had got materials in his name, hut tbis was not true, as tbe merchant would not accept the order given by Burling. Witness left the job and afterwards went for his tools. Burling then said, "What are you doing here?" Witness asked Burling if he would - like to see the tools, and he replied that he would, After looking through them he detained some finishing nails. Burling sent a letter to Bright, saving he would be responsible for the timber, butßright had since been paid by witness, (Left Bitting.)