DISTRICT COURT.

Waikato Times, Volume X, Issue 834, 20 October 1877, Page 3

DISTRICT COURT.

HAMISTON, OCTOBER 18 (Before his Hoiior' Judge Williams and . Hounßell v, .itenderßon ; claim tor work and goods, £20 19s 3d. Mr WiiitakW 'appeared for plaintiffs, and Mr ay for defendant. David HendersoD, a carpenter, sworn, deposed to receiving certain of the goods made, to order. I^e, had a, .contract for making trucks, and ordered wheels from the plaintiffs; < They were unsnitable for the purpose. Mr Williams offered to act them; to, rights* / but did not. The wheels were condemned by Mrßonaldaon, the general manager of the Waikato Coal Mining Company. •> William ; Wittiatflal > aeposed v that hes upplied the wheels for the^trackß io which defendant i nowutook . exception of a rougber character than usnal, at defendant's own i; request. -He' took one pair, then rasked'fof'two pairs, and finally baying had these some, spc weeks ordered the rest, some 28 wheels, to be sent to him. Afterwards be complained that tbe wheels did not suit. Robert Hounsell stated defendant applied for a cheap olass of wheels. He sent defendant two sets ; he used them m ebiftiag, earth. ;; Some time after he ordered the whole lot to be sent, I heard afterwards that the manager of the mines would not pass ithe, tracks: made by defendant, . as the/, wheels were not up to the ,nwk., i ■ jr.h^y ; , were made according to or,der, received from, defendant. .A *_ l^avid JBt^ndef son, re-c'alle^,, stated the wheels tyouldjnot jfit 'tie "s^of I never ordered rough, cheap' wheels. They were not made according to order, and are useless to me. • ... , Jameg JFlpnaldsqaj^manage^. in= charge, of the Waikato Coal Mine, said^he knew the seven ; jsets.. of- vyheels. They were.^ imperfect, and worse than useless as dangerous ,fa , , life , and . . groperty. ffhe Vi wheels came off the axles. The, keys were not large, enough and dropped out James Dunn, a miner, deposed to the nseleßsnesspf the wheels ;, the key Beats m the wheels Were noi, right or properly , cut. The flange was also too large. v A. sum of £7 12a ' Scl was paid Into Conrt, leaving the disputed amount £i 6 W ia\ ' bni ' iU c■ £7 12s 8d was not accepted by plaintiffs, because it .had" baen accompanied, by no payment of COBtS. . . , v J r >- D^fendant said that by the amended Act, the amount beiner under £20, plaintiff could* hbt Vefebver costs. , Judgment was reserved till next Court day, the plaintiff being allowed to receive the amount paid into Court. ' ; ; ■)" ■.'■• ' ' ''*' ' • i.!:i iV ' „