B. M. COURT, HAMILTON.—Saturday, FEB. 21.

Waikato Times, Volume V, Issue 279, 24 February 1874, Page 2

B. M. COURT, HAMlLTON.— Saturday, FEB. 21.

BUftKE ». SBIHB. TAis *ta an action for £12 10i, for breach of agreement to id uke two acres of bay. Mr Hay for plaintiff, Mr Leary for defendant Plaintiff deposed that he employed defcudunt to make I and stack tho hay for £1 per acre ; that tho defendant made the hay and would not thick it; by roaoon of the dofenliuit not; stacking- it, the hay was destroyed ; there was about two tons at £6 5s per ton. Samuel TickJoponny doposed that he was a farmer, near Hamilton, experienced in thf s*ving of hay ; that he went with Mr Burke, on the Mat uH>., to see fche hny m question ; it was in small cooks., \v»a not we]} made, and xraa perfectly | useless ; (he pries, £1 per acre, was more t,'i«n sufficient to | cufc, eav«, nnd stack baj, m prices vnlad in Waiknko. | Mpssm Brown. Coleftian, and Cleary g*vo exactly esrrdboratire eviMenoe. j The dafrndant said the contract wae to cut and make the hay, not to stack it» anctjihat tliefe was no one prrsont at *he time of contract being mact« ; £' per acre be thought a fair J price. • .y ;, I Mr Leary addrenced the Bench in support of his defence. Mr Hay ur^eri that ai Mie evidence as to the contract was equal, the Court should dpcidrt thrt intention of the parties by tho prico paid for the labour, which had been tworn to as more than enough {or making and stacking. Tho Court ordered a nonsuit.