DEAL IN TIMBER.

Auckland Star, Volume L, Issue 140, 13 June 1919, Page 2

DEAL IN TIMBER.

» TERMS OF A CONTRACT. ACTION AGAINST HBNDERiSON" FARMEK. « . At tne Magistrate's Court yesterday, before Mr. E. C. Cutten, S.M., Long, Ormiston and Co., brokers, of Auckland, proceeded against John J. Collins, farmer, of Henderson, for a sum ot £200. In the statement of claim it was set out that an agreement between the parties had been entered into in February, 1918, by -which the defendant agreed to deliver kahikatea and rimu timber, to the amount of half-a-million feet, the price for kahikatea being fixed at 4/ per 100 feet, log measurement, and for rimu 4/6 "per 100 feet. The defendant, it was alleged, agreed further to deliver the timber at the rate ol 10,000 ft weekly. It was now alleged by the plaintiffs that the defendant had failed to deliver the quantity of timber agreed upon, and that in consequence plaintiffs had suffered considerable loss. They claimed. £155 9/ for maintenance of mill and payment of wages; £14 11/ for travel-

ling expenses; and £30 for loss-of timber and loss of sales. Mr. E. W. Inder appeared for the plaintiffs and Mr. Vallance for the defendant, i Evidence was given by Mr. E. A. Lovie, a partner in the firm, to the effect that although the plaintiffs erected the mill and were ready to go on with the milling on September 2, the defendant was never able to deliver the timber in accordance with the terms of the contract. The witness was cross-examined at length by Mr. Vallance, with a view to obtaining admissions that the mill was never in a position to revive the timber and deal with it. on account of defective machinery. Witness adhered to l.is statement that the timber could have been dealt with at the rate of 5000 ft a I day had it been delivered: j Re-examined, witness said that the ;mill site was altered at a cost '•of an additional 1/ per 100 feet .on the defendant's representation i that this would be necessary to j enable him to carry out the contract. ! Other evidence was given by Mr. T. F. 1 Long, a member of the firm, and at the completion of the evidence for the plaintiffs the case was adjourned until Tuesday.