ACTION AGAINST DAIRY CO.

Auckland Star, Volume LII, Issue 279, 23 November 1921, Page 2

ACTION AGAINST DAIRY CO.

KEASII.-? £3,000 CLAIMED. BEFEXDAXTS OFFER A "TENMSH," A milk powder factory in course of erection and. five cottages to be built alongside at Hautapu were mentioned in an action heard by Mr. Justice Hcrdman and a jury at the .Supreme Court to-day, the plaintiff. Alfred Arthur Brook, contractor, Uautapu (Mr. Anderson), claiming from the Cambridge Dairy Company, Ltd., Cambridge (Mr. A. H. .Johnstonc). a snm of £2f)5(3, alleged to be. due by the company to Brook under an alleged agreement under which Brook abandoned thp building contracts. Tlie defendant company offered £10 5/ in satisfaction of plaintiff's claims. Plaintiff claimed that tlie defendant company ajrrerd. if b e abandoned the contract and handed same to them for completion, that they would pay ( 1) liabilities. x 3567 4 : (2) extras, £345 6/0; material, etc.. £]«•}.>: wages. £,">-46 1/10: and £205 deposit lodged with tendermaking a total of £SOSS 12/7. Of that tilt , defendant company. ;t was stated, had taken over the liabilkies and had paid a further sum of £45 o/10, plaintiff alleging that the balance of £2!)»6 j/o was still owjntr. Tlie defendant company dispntc-ti the plaintiff's statement of the terms under which plr.intiff abandoned the contract, and that was the point for the decision of the jury. Tbe defendant company denied various allegations made hv the plaintiff as to sums- of money due", and •Kimittcd only a sum of £10~.V which with £1 costs, had Wen brought into Court in MltisfaetioTi of "all tho plaintiff's just demands.'' The case is proceeding.