A DEFECTIVE BOILER.

Auckland Star, Volume LV, Issue 154, 1 July 1924, Page 7

A DEFECTIVE BOILER.

HIRED BY BUSH CONTRACTOR. JUDGMENT DELIVERED.

Judgment was given in the Magistrate's Court this morning by Mr. F. K. Hunt, S.M., in an action, W. H. Tomlinson (Mr. Beckerleg) against T. A. I'ssiier and Eclipse Timber Company (Mr. Endean) concerning the hiring to plaintiff of a boiler and hauler. Plaintiff sought to recover from the defendant Ussher £00 for damages he alleged he had suffered through the boiler being defective, and the defendant letaking possession of it. before the full term of hiring had elapsed. At the time of the hiring plaintiff gave defendant an order on the Eclipse Timber Company to secure payment of the rent, and the company held £100 in hand on the order. Plaintiff sued the company for this £100.

The defendant counterclainied again-t plaintiff for £105 10/7, made up of £33 IS/2 for repairs and ' £71 12/5 rent of hauler from .luly 11 to September 12 at the rate of £S per week.

Taking the counterclaim first, his Worship said that plaintiff, a bush contractor, had used the hauler during June and July, but had only paid the rent for June. In August the Government inspector of machinery decided the boiler was dangerous, and 26 tubes out of 50 had to be replaced before he would allow the boiler to be further used. The condition of the boiler, according to evidence, was due to deterioration. His Worship said defendant should pay the repairs, as plaintiff had agreed to renew all parts that got worn, not parts that were alroadv worn out.

His Worship also held that, as the boiler was not fit for the purpose for which it was hired, defendant should not receive rent for the time taken in repairing it. He would therefore allow one month's rent, £34 13/4.

On the claim for £90 general damages, his Worship nonsuited with costs, and judgment was given for defendant on the counterclaim for £34 13/4.