SHAREMILKING CASE

Waikato Times, Volume 127, Issue 21211, 6 September 1940, Page 7

SHAREMILKING CASE

COUNTER CLAIIYI SUCCEEDS Olr W. H. Freeman, S.'M., delivered reserved judgment In an action between Peter Beverley, or Matamata. and James .Alexander Murdock, or Otorohanga. The plaintiff. Beverley, claimed that Murdock had wrongfully terminated his contract, and sought to recover damages amounting to £l5O 7s 6d. Murdock lodged a counter claim alleging that the contract had been terminated by Beverley, and claiming £jm» damages lor loss or butterfat occasioned through the condition or t lie milking yards, and other items. The magistrate round that Beverley had wrongrully terminated the contract. lie could not accept the plaintiff’s version ami preferred the evidence <>r Murdock and his witnesses. He was of the opinion that the plaintiff had mu suffered any damage. tvato referred to the evidence and .-.aid it dearly showed that the production from the herd had been affected by the plami tiff’s failure to remedy the '•ondition or the. cattle yards, as lie, had agreed to Jo. The difficulty was in estimating in mon-v the amount by which the production had j been lowered. After reviewing the evidence the magi?i Trate gave judgment for Murd.-.-k Tor sums ! amounting to £139 5s lid. l<’-> admin*- ; claims or £6 14s 3d with costs. Personal Mr -T. H. Claridge lias been a visitor to Otorohanga.