R.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4326, 25 January 1893, Page 2

R.M. COURT.

OABTEBTON.-TUEBDAY,

(Before Colonel Roberts, 8,M.) Mason r, McLellan, This oaso wsb I|9 heard last sitting of the Court, His '/T Worship gave judgment for the de- *' fendant with costs, Wm, Cadwallader v. Cadwalladcr Bros, Mr 4oheaon for plaintiff, Mr Beard for defendants, _ This was a case in whioh the plaintiff sought to recover from the defenddants a certain sum of money due to bim as royalty on timber out by them at the Union saw-mill at Waihokeke, whioh the defendants are renting from the plaintiff under agreement. F, 0. Peyton, manager for the defendants, gave evidenoe as to. the quantity of timbor sold, An agwmeqt m put in dated. 20tt) . ■;■

Juno, 1892, in which ttan defendants agreed to pay tho plaintiff tithes on all timber cut by tho defendants nl tho mill rented by them Irom the plaintiff. Tho witness stated thai the agreement was not in force, as it had been candled by mutual consent by all parties concerned, the reason being that tho defendants woro unablo to Jrocute bullocks to do the work, and prthon ontored into a fresh agteoGut that they should work the mill uii half shares, which agreement was entered into in Soptoinbor last. Taking the set off into consideration, tho defendants were not indebted to the plaiiu/ij, and any liabilities incurred by tho defendants to the plaintiff had accrued under tho now agreement, The matter was ultimately settled by amicable arrangement.