BREACH OF CONTRACT.

Auckland Star, Volume LVI, Issue 259, 2 November 1925, Page 3

BREACH OF CONTRACT.

FLAX-CUTTING DISPUTE. ONLY TEN TONS SHORT. A departure from the customary procedure of the Magistrate's Court was made on Saturday, when, in order to complete the hearing of a civil action, Mr. J. G. L. Hewitt, S.M., contir.uvd the sitting of the Court until 3 o'clock in the afternoon.o The ease was a claim by T. M. Robertson, of Aka Aka (Mr. Haigh), for £200 against.A. S. Paterson and Co., Ltd. (Mr. Cocker) for a breach of contract. It was stated in evidence that the contract was entered into on January 10, 1923, under which the defendant company agreed to cut all the millable flax on plaintiff's property which unreasonably accessible, on or before Slay 1, 1925, and to pay a royalty of 9/6* a ton. The ease hinged on the question whether or not the defendant had cut out all the millable flax reasonably accessible. Witnesses were called on behalf of the plaintiff to show that cutters had been put on the property without proper supervision, and that as a result they had merely cut the "eyes" out of the flax and left a considerable quantity of millable flax on the area of 60 acres.

Defendant's evidence, supported by that of witnesses, was that, in his opinion, all the millable flax reasonably accessible had been cut, with the exception of an area in the western corner of the property, which contained 10 tons of millable flax. Tl\ere was a further claim that, as a result of the alleged unskilful cutting, plaintiff had been prevented from having: a burn on the property, and had suffered damages through being unable, to pasture his cattle.

Mr. Hewit*, S.M., decided that the millable flax that was reasonably accessible had been cut, except for 10 tons, and therefore gave judgment for the sum of £4 13/.