S.M. COURT.

Auckland Star, Volume XLI, Issue 31, 5 February 1910, Page 9

S.M. COURT.

(Before Mr C. C. Kettle, S.M.) DEFENDED CASES. CL Hansen r. James Johnson and Emily D. Johnson. This was a claim for £30 13/7, of which £20 and 18/ ns costs had been paid Into Court Mr Lundon appeared for ■the. plaintiff, and Mr Campbell for the defendants. The latter opened the proceedings by calling Mr Win. Thornes, barrister ■and solicitor, who deposed to arranging with Mr Saxon to settle a case for £70, provided that £50 was paid by the 10th of January end f2O subsequently. He forwarded a cheque for £30, but was asked for 25/ for Mtes and 28/8 for insurance. This was disputed. Ultimately Mr Lnndon intimated that Mr Campbell and himself had agreed to settle the case on coudltlon that these two •moun-ts were paid. CLAIM FOR WAGES. Evidence was contlned In the case of Robert Hartley v. A. 11. Wood, claim £0 1/6, for wages, to which a counter-claim waa entered for £113. Mr. MeOormitk appeared for Mr. Wood, and Mr. A. E. Skelton for Mr. Hartley. Expert evidence was called to show that the bricks before burning were of a fair average, and should have baked all right with proper appliances. The defence was that the burner of the bricks protested against having to fire a kiln'ln such weather, that the bricks were improperly made, and, therefore, not In a fit state to burn. Mr. Hartley deposed that he did all that could bo done with the materials at bis command to burn the bricks properly. Mr. Wood was depending upon him, and he did the best he could under the circumstances. With one kiln he warned Mr. Wood that the bricks were too damp to burn, but was told 'to go ou with the burning. The second kiln turned out well, considering it was a clamp kiln. About 1000 bricks were good out of 0000, considering the amount of brtek-bata that wcTe wheeled over the tip. They were well burned if the bricks were all right when they were put in the kiln.

Counsel elected tp be non-suited on the counter claim, and Judgment was given for the plaintiff for £8 5/6, costs £10 10/1 being allowed.