ERECTION OF ORPHANAGE

Auckland Star, Volume LXIII, Issue 160, 8 July 1932, Page 7

ERECTION OF ORPHANAGE

SUPPLY OF FACING BRICKS. A DISPUTED CONTRACT. PLAINTIFF NONSUITED. Litigation begun in January concerning a contract for the supply of bricks to be used in the erection of "The Star of the Sea" orphanage at Howick was the subject of a long judgment delivered at the Supreme Coi?"t by Mr. Justice Hei'dmau t!:i<s morning. The plaintiff was the Right Rev. Dr. James M. Liston, Roman Catholic Bishop of Auckland, and the defendants were 11. R. Jenkins. J. B. Crawford and W. H. Waterhouse, formerly trading together as the Drury Brick and Tile Company. Plaintiff alleged that on or about. May, 19,'J0, he became a party to a contract under which defendants agreed to supply 125,000 facing bricks to be used by his builder, Thomas Clements, i;i the erection of the building at Howick. The defendants denied that they were ever at any time parties to a contract with plaintiff, and said that they did enter into a contract for the supply of bricks to be used in the erection of the convent with the contractor, Clements, who was to erect the building. They declared that between themselves and the plaintiff no privity of contract ever existed; they were sub-contractors only, and responsible to Clements alorv. The action was heard on June 21 and 22, and at the conclusion of the plaintiff's case counsel for defendants moved for a nonsuit upon two grounds, first, that it was not'proved that the plaintiff had any interest in a contract which would entitle him to recover damages; second, that there was no proof of a contract for the eale and purchase of bricks between plaintiff and defendants. His Honor held that Clements was under an obligation to provide the plaintiff with the building specified in the contract. He alone was responsible to the plaintiff for the completion of the building and for the quality of the material used in its construction. The plaintiff had failed to prove privity of contract between himself and defendants, and his Honor said ho would therefore enter a nonsuit with coets, witnesses' expenses and disbursements to be settled by the Registrar. "I should, perhaps add," said his Honor, "that although the contract for tho erection of the building at Howick on its face appears to have been made between the Sisters of Mercy and Clements, I have aeeumed, for the purpose of this judgment, that his Lordship tho Bishop was correctly named as plaintiff in the proceedings."