A LYTTELTON FOUNDRY CASE.

Press, Volume XLIX, Issue 14854, 20 December 1913, Page 5

A LYTTELTON FOUNDRY CASE.

' EVIDENCE TAKEN AT NEW 1 PLYMOUTH. A QUESTION OF CASTINGS. (irjtaiA- to "the fbe_s."> NEW PLYMOUTH, December 19. A disparity of estimates of a firm of engineering contractors and the owner of a small coastal vessel trading in thes© waters as to tho price to-be charged for work done on a steamer formed the chief subject of legal action, of which tho evidence of defendants was heard in the Magistrate's Court to-day. D. and _•• Sinclair, engineers, of Lyttelton, wero tho plaintiffs, and Arthur Wilding Ogie and Martin Jensen, of Waitara (owner and master respectively of the s.s. Tainui), defendants. , _ Mr J. E. Wilson (Wilson and Grey) instructed by Messrs Beswick and Harris, of Christchurch, appeared for plaintiffs, and Mr J. H. <_uill.._i (Govatt and Quillam), for defendants. The case is to be decided at Christchurch, and only the evidence of defondants was taken here. It was that Captain Jensen took the Tainui to Lyttelton early in October for certain work. This was duly executed by plaintiffs, but defendants considered ■tho once charged for casting eleven motal shoes for the keel; for the purpose of protecting it from chafing, too hig_. Tho full claim for all tho work carried out was for £183 8s Bd, of which £123 Is 2d was paid into court, leaving a balance of £50. 7s 6d in dispute. Defendants offered to pay at the rate of 9d per lb for the castings, while plaintiffs charged at the rate of Is sd. A. AY. Ogle said ho had paid locally up to 9d and lOd per lb for similar castings. Captain Jensen said that when he took the steamer to Lyttelton he placed her on the slip. One of the plaintiffs (he thought it was D. Sinclair) went to the vessel soliciting engineering and blacksmithing work. Sinclair told witness he was sure ho could do the work required cheaper than other firms, aa both his brother and himself were workers, and they had no office expenses to pay. He said they would do the work themselves. Witness told Sinclair that he had a quantity of metal on board which he wanted converted into keel shoes, and Sinclair undertook to do it. It was intended to cover the entire keel, but only as far as the metal would go. No price was mentioned, plaintiffs sent carts for the metal and took it to their foundry. Witness also bought about three cwt of Muntz metal from Miller, a shipwright, and gave it to plaintiffs. At witness's suggestion the metal was weighed with tho object of protecting the owners, and seeing that he got a fair quantity back : in shoes. Miller supplied plaintiffs with ; the sizes of shoes required. When thej articles were completed they were delivered by plaintiffs, vrhile Miller fixed them to the vessel. Aoout 19 feet of! keel was left uncovered py shoes. After they were fitted the same Mr Sinclair boarded tho ship with his account in which he gave credit for certain old metal sold to the firm. Witness did not sell them any metal, his arrangement being for plaintiffs to convert the motal supplied into keel shoes, as far as it would go, and to charge the vessel with so doing. He was at the wharf ready to leave port, when Sinclair arrived with his bill. Witness told Sinclair he did not see n. to pay it, as he considered it was a *£ ov€r . charge. He asked *___„ £ th pre _ sence of Sinclair if he did not think it was an absurd charge? Miller after looking over the..account.' .aid the blacksmithing . ■ *£ r a meat, and witness told {_§*,^%

tho owners. Sinclair still pressed for payment, and said ' ho-must be paid; As he was afraid the vessel would bo ' held up if he did not pay, ho gave his cheque for the ! amount of the account less 2J per cent, discount. When ho got to sea he studied tho account, and when he arrived in Wellington he telegraphed to the owners to stop payment of tho cheque, and iipou arrival at Waitara, reported the matter to Mr Ogle and to Mr Wilson. Miller gave the sizes for the castings, under witness's instructions The vessel was in Lyttelton for 17 or 19 days, and the arrangement was made with Sinclair on the day of the arrival. He ief erred Sinclair to Miller for further details. Sinclair cam** to tho wharf with his account about 4 o'clock in the afternoon, and the vessel left half an hour later. There was no threat to arrest the ship, exactly, but Sinclair insisted on payment. . Bertram Harkness, ironfounder, Stratford, for eighteon years, and experienced in marine " castings before that, said, generally speaking, castings for ships did not differ materially.from any other castings, and provided he was supplied with metal and patterns ho would be prepared to convert 24301b of metal into eleven castings of tho size specified at the rate of 9d per lb, and would supply castings, including the metal, at Is "per lb. There was considerably more labour involved in light machine castings, proportionally, and heavy castings, such 'as keel shoes, •should be proportionately cheaper. Witness worked for tho Union Steam Ship •-ompanyi for rather more than a year, subsequent to serving bis apprenticeship. William Brown, of Brown and Sons, shipbuilders and engineers, Northern Wairoa, said his firm did work all over the North island. The metal found by tho captain and credited on the account was above the quality required. Sinclair also charged £3 15s for cutting up old brass. This was not consistent with their contention that they purchased tho old metal. He would be prepared to make tho eleven shoes at 7_d per lb, which he considered a fair price. If he had to supply metal also, he would do it for 10.d. In a job like that the drilling and countersinking would not -mount, to much, and ho would not charge for it. Tho shoes woro of a convenient size, from the makers' point of view, and tho work was straightforward and easily done.

To Mr Wilson: He could not say how many keel shoes his firm had made, but it was a good many. Every ship built had to Kive at least two.

This finished the evidence of defen dants. His Worship fixed the costs of defendants at £8 14s 2d.