RESIDENT MAGISTRATES COURT, MERCER.

Waikato Times, Volume XXXIV, Issue 2789, 29 May 1890, Page 2

RESIDENT MAGISTRATES COURT, MERCER.

* (Before Capt. Jackson, R.M., and — Coultas, Ksq., J. P.) James Lindsay v. Walsh and Hooan : Claim £15.—Mr Hay for plaintiff and Mr Napier for defendant. Plaintiff deposed that he had contracted in the year 1888 with defendants to erect a flax-mill for the sum of £25. The mill had been erected and the £25 paid. The claim was for delay in defendants putting the material on the ground £2, and for extra work necessary for the mill, and ordered by defendant (VValsh). The defendants had promised by letter to pay the £15 if plaintiff would erect a Californian pump, the cost of which would be about 3(k Plaintiff would have erected the pump if the £15 had been previously paid. Plaintiff told defendants during the progress of work that the extra work would be charged for. £15 was a very low price for the work done. Tins was plaintiff's case, and after addressing the Court on the insufficiency of plaintiff's, proofs, Mr Napier called Michael Walsh (one of the defendants), who deposed that the £25 was to include everything necessary to make the mill a complete and efficient concern, and that no 3xtras had been claimed until two months after the mill was completed. He had never promised to pay for any of the extra work, find had never ordered it. He considered it part of the contract. It would cost £10 to erect a Califoruian pump, and he would give Capt. Lindsay that sum to do it, and the material was now on the ground. In cross-examination, defendant admitted that the mill could have been worked without some of the extra work, such as the force pump and the bank. Plaintiff could not have known that a force pump and tank would be required at the time he made the contract. —T. T. Masefield, engineer, of Auckland, deposed that he supplied the machinery for defendant's mill, and that £25 was a sufficient sum for erecting it. Hβ offered to do the work for £20. At that time it was not contemplated to have a force pump and tank. His offer did not include any alterations to the buildings, but merely placing the machinery.— This concluded the case, and as the evidence was very voluminous, the Court decided to reserve judgment until next Court day. The Court rose at 5.15 p.m.