SUPREME COURT.

Press, Volume L, Issue 8523, 30 June 1893, Page 3

SUPREME COURT.

..- —-to- / SITTINGS AT NISI PRWS. Thursday, June 29. (Before his Honor Mr Justice Dennistoh.) The civil sitting of the Court opened a£ 11 a.m. STBOUTS V WIIITTLB. In this case Fred Strouts, of Christchurch, architect, was plaiutiff,and Richard Whittle, of Waiau, hotelkeeper, defendant. The statement of claim alleged that in the month of December, 1892, the defendant employed him to prepare plans and speeifi- ■ cations, and call for tenders for the erec-; tion of a house in coucrete at the price of £2720 at Waiau for the defendant, and instructed the plaintiff to visit the site of the proposed house and inspect certain materials. The plaintiff prepared the plans and specification for the said house and visited -the site. The defendant subsequently d cided not to build the house, and requested the plaintiff to again visit Waiau which he did. The defendant then instructed the plaintiff to make certain calculations and estimates for him as to the cost of procuring timber to. erect a house at Waiau, and the plaintiff made the same, and handed them to tho defendant. The plaintiff then by instruction, of the defendant prepared plans and specification, and called for tenders for the erection of a house aud this was done. The plaintiff charged the -sum of £158 9s 9d, as shown in the. statement of claim, but the - defendant declined to pay the same as excessive, offering to pay £60, which was refused. The plaintiff therefore claimed to recover £168 9s 9d. ■•■ The statement of defence was a general denial, an allegation that the amount sought to be recovered was excessive aud exorbitant, and that all plaintiff was entitled to was for the actual work and labour done. Mr George Harper (instructed by Messrs Duncan and Cotterell for the plaintiff), Mr Kippenberger for the defendant. Mr Harper opened the case for the plaintiff and called evidence. - Messrs Strouts, Collins and E. Dobson were examined, and these gentlemen were cross-examined by MiTCippenberger as to the system of charging commission by architects. Mr Kippenberger called evidence—rMr Whittle, the defendant; Mrs Whittle ; and Mr H. Duval, architect of Tiraaru. The learned counsel on both sides having addressed the Court, his Honour gave judgment for plaintiff for £106 13s 9d, and costs. The Court then rose.