DISPUTED ACCOUNTS.

Wairarapa Daily Times, Volume XVI, Issue 4923, 11 January 1895, Page 2

DISPUTED ACCOUNTS.

A Bush Contractor's Claim, This was a case heard in the S.M. Court, Masterton, yesterday, before Mr T, Hutchison, S.M., in which the plaintiff, H. Neilson, sought to recover from A, R, Mackay a balance of £BO alleged to be owing on certain bush-falling contracts, Mr Beard appeared for the plaintiff and Mr Bunny for the defendant. H. Neilson, sworn, stated he was tho plaintiff in the present action, and in June last took a contract from Mr A. B. Mackay, for falling 109* acres of bush at Mauriceville. Tho contract was completed to tho satisfaction of Mr Theed, the overseer, on the 25th September, Was sure all the bush set out in the plan" c had been fallen, with the approval of the defendant's agent, A second contract was undertaken to fall 4SAacres on the same property, which during progress was inspected by the agent, who said the work waW satisfactory, though not so good M the first contract. A little buslF which stood in an awkward position on a cliff had been left standing with the consent of the defendant's agent. Beceived£22onthiscontractthrongh tho agent. All the money for both the contracts had been paid with the exception of £BO 3s 8d for which he now sought to recover payment,' Peter Mortensen, Neils Albertsen, Christopher Jensen, and Peter Jobansen, bushfallers,gave evidence to the effect that in their opinion the work bad been well done ; that on the first contract being the best work owing to the rough country in the location of the second contract.

Alexander H, Mackay, called, stated that he was an engineer and surveyor resident in Marton, and defendant in the present notion. The question of dispute was one of area. Visited the property in person, and according to Mr Theed, found that about twelve acres of bush had not been felled. The work had not been done in accordance with the terms of the contract. About twenty-twA acres of the scrubbing had badly done, the result being that the burn would be of very little use, owing to the amount of green grow th. Mr Theed was his Inspector, and receiving information from him to tho effect that the work had been badly done, payment of further monies was at once stopped. Neilsen had sent several letters in regard to the full payment of all monies dueon the contracts. A letter was sent to Neilson in answer, requesting him to complete his contract in a satisfactory manner, as otherwise a certain amount of the contract money would have to be deducted, A cheque for the balance applied for, was forwarded, but not handed over to the plaintiff as ho did not complete his contracts as requested. By Mr Beard: Of the total area 49 acres, 22 hud beon well felled, 22 badly felled, and five acres standing. Scrub to the hoight of ten or fifteen feet was standing in many places where it would have been possibkA have fallen it. Could not say whe'ty the scrub had grown to this hoight since or before tho contract. Was quito prepared to pay for the felling of tho.lo7| acres up to the 7th of January, subject to its being felled according to the plans and specifications of the contract. Had no objection to the way in which tho first contract was done.

Walter V. Theed, sworn, stated that he was a settler resident in Marton, and had undertaken to look through the hush fallen on Mr Mackays property aud report progress to him. The first contract was well done, but the second not so woll. Recoived the halanco of the money due on the contract, but from the memo nccompanying it, he understood that in the event of a dispute, it was to he withheld. Alexander Stewart, called, stated that ho was a sheep farmer residing at Dreyerton. At the request of Mr Mackay he went to the property at MiMiricoville to inspect certain bushfolling. The underscrubiug of the second contract vas not at all woll done. Jilk was essential that tho scrub he well cut if a good burn was wanted, John Kossiter, a settler residing at Jlauriceville, stated that he had visited the property in question, and inspected the falling of the second contract, Only about half of the underscrub was well cut. It was no use falling bush over badly cut scrub as it would not burn well. After considerable legal argument •> His Worship reserved his decision until ten o'clock this (Friday) morning.

FRIDAY. In summing up the case, thig morning, His Worship said there was nothing to show in the evidence adduced, which would lead him to think that tho contract had not been completed, though he was aware that twenty-two acres had been imperfectly done, the cost to complete which ho would as far as.posslble deduct from tho plaintiff's claim, also one acre not felled on the first contract to be deducted, leaving the amount recoverable out of the con- . tract at £6B is 3d, with costs £2 lMfc ■■■