THE COURTS.

Press, Volume LVII, Issue 17321, 6 December 1921, Page 4

THE COURTS.

SUPREME COURT. MONDAY. (Before his Honour Mt Justice Adams.) ALLEGED BREACH OF CONTRACT. Charts Homy Jones, Christchurch, claimed £2812 10* irom Ivory*, Lta., for alleged misrepresentation, or alternatively on the ground of breach of contract. -V special jury of 12 wa* empanelled. Mr A T Por.uellv, with hira Mr K. Twynefcsro, appeared for the plaintiff, «* the WmdMt compunv was represented by Mr F. Wilding, KC, with him Mr 0. T. J. Alpers and Mr F.-S. Wilding. . ,--»,,, Mr Donnelly said the claim was for £2813 10s on the first count of misrepresentation, or a'.terue-tivelv on the ground of breach of contract to plant 530 acres of plaintiffs hvid at TWleston with pinna insignis trees, ine two causes of action were distinct and eeparMe The plaintiff, who was a. music-hall artist had been absent from New Zealand for a number of years. While in Africa he was impressed with the potentialities of forestry and on returning to Jvew Zealand m August, 19-20, he decided to have an area ot ground at Rolleston planted with pinus insignia. Mr Buxton, a, nurseryman, was approached, but his price for doing the work w considered to he too lush. In. **£**• ber Edward Ivory, a member of the defendant firm, was anproached, and he niade an offer to plant out «he 530 acres with trees six feet apart, at £lO per acre the general conditions including those that fire, belts of Lombardv poplars should be planted, these trees to be "supplied by the defendant company and that the minimum amount ot planting to be done in any one year should bo 109 acres. This offer was considered too high, and the plaintiff mentioned tla* *° would engage a man named Wallace to do the work for £3 per acre, but Ivory said that Wallace would not do the work properly he would onlv stick the plants in a. hole made in the ground, and the methods which would be adopted by Ivorys, Ltd. On September 24th, 1920, Ivnrvs Ltd. submitted another offer, undertaking to do the work at 40 2s 6d, the tree. to be six feet apart, and roughly 1200 planted to the acre. The trees should be carefully and properly planted to ensure good rjroivth, the work to be. completed by fceptember 1821. Ivorys said that from 200 to MS men would be required to carry out the contract in that time. Counsel proceeded to refer to tho high profits from planting at the above price, but his Honour said he could not allow t'his unless there would be evidence on this point. Mr Donnelly continued that Ivorys could not have believed that the work was of such magnitude as he represented to Jones. Ivorys Ltd. entered on theJ contract. Some times there were only six men engaged on the job, and the number at anv time never exceeded 30. lhe trec3 were not planted in the manner in which Ivory said they would be. Jones complained of the delay in the work, and the way it was being done, and' it was claimed that the work had been- improperly and negligently carried out, and not in terms oi the conditions of the contract. The system adopted by the defendants was different in every material particular to the proper method. Actual specimens would bo produced to show how the work was done. It would be submitted that a, number of tine plants were not good commercial plants, and that tihe work done by defendants was negligent, inasmuch as the ground had not been properly prepared. One large sod of earth produced showed that the only preparation made for the planting was to scrape off a . little grass and cut out a curved hole with f a mattock without making any effort to loosen or cultivate the earth. The workmen would eay that during the contract they were driven at high pressure by Ivorys in order to;g©t the work done quickly without any thought to the future success of the planting. One man would go out with a bag of plants, and' stick a plant info the holes prepared. He did not have a, spade, and whether or not the ground had been properly prepared tho plant was just put into the hole. The result was that the roots 1 were doubled up, and did not spread out. First of all 120 acres were planted at the ' Eolleston end of the property, and all of i. the tree 3 died apparently as a result of the way they had been planted, and to the fact that they were too long in transport from ' the nursery. At the Burnham end practically ail of the trees died, and the plaintlffi . got no -value for his money. On the bal- ( ance of the property the trees were grow- ' img well at present, but owing to the way 3 the roots were doubled up a good many might die in the summer, and, anyway,, the • growth -would be retarded, a.pd the maturity 1 of those trees which survived would be postponed for some considerable time. Plaintiff > went to Rolleston, and seeing how the work ' was being done, he complained to Ivory, and " said he could not pay £9 2s 6d per acre for 1 planting in such a way. It would be eubl mitted that plaintiff had got poor and un--1 satisfactory value for the high price that . had' been paid for the work, r Evidence was given by the plaintiff, Charles i Hsnry Jones, who eaid he had bought tho land through' H. H. Cook for £7 lOsi per acre. To Mr F. Wilding, K.C.: Witness had since sold some of the sections. Some damago had been done by rabbits, but tbey were . now poisoned off. He bad sold a little over [ 800 acres, at about £25 per acre, but very . little money had been paid over to him. On ' September 20th, 1921, a writ was issued by Ivorya Ltd. for £2812 10s, for balance due i on contract. A defence was filed, but the ■ claim had since been confessed. After the i issue of the writ by Ivorys Ltd. plaintiff . commenced his .action. Augustus William Jones, jeweller, Christohuroh, a brother of the plaintiff, said that : before the contract was commenced Edward Ivory explained' to him how the work would 1 be carried out. He enid that a- hole a foot '■ deep and a foot square would be dug, and I the earth loosened. The seedlings would be . put in with great care, and he would re- : . quire to engage from 200 to 300 men from June to September in order- to cany» out the contract'. He said he would want a ' ton of seed at 12s 6d a pound. ' Mr Alpers, in cross-examining witness, ■used a blackboard. On sums done by ooun- ; sel witness admitted 200 men for one month • would coßt £3600 for wages, and one ton of seed at 12s 6d a pound would cost £I4OO. Witness admitted that, a3 the contract price was £4851, Ivorys, on the above figures, ' would lose £146 on one month's work. Hugh Cornelius Brosnahan, labourer, said ! he bad been employed by the defendant com- ■ pony planting trees on plaintiff's property at Rolleston for two weeks and four days. The '. holes for the plants were made with a grubber, but in some cases tho Eoil had not been lifted and only a cut was made in the ' ground. When there were from 17 to 20 men. engaged about 40 acres were planted in two ■ days. . The Court adjourned at 5 p.m. till 10 i o'clock this morning, i IN CHAMBERS. Probates of wills in the following estates i were granted by Mr Justice Adams on SaturI day:—John Samuel Lang (Mr 3.. D. Acland), Sarah Alminah Knudsen (Mr E. Ross), ' Robert Pirtckney (Mr G. H. W. Helmore), ' Henry Kingsbury (Mr O. H. Buchanan), Al- ' fred Prust (Mr R. B. Ward), Caroline Cam- •• eron (Mr E. W. White), 'Richard Edward • Green (!&•* A. S. Taylor),- Archibald McAu- ; liffe (M F. D. Sargent), John Martin Wohnu3 (Mr W. H. Brown), Catherine Eye (Mr H. S. J. Goodman), Gordon James Jennings Moffet (Mr G. W. C. Sniithson), David Moore (Mr R. MoConnel), John Henry (Mr H* D. Acland), Ja/ines Young (Mr F. W. Johnston), Samuel William Hill (Mr A. C. Cotterill), Gregory Barker Mablv (Mr H. C. Orbell), Frederick Slaughter (Mr W. D. Campbell), Timothy John Brosnan (Mr F. C. Finch). Probates granted yesterday were:—Alfred Arthur Robin Russell (Mr A. A. Wilson), Robert Ashley Westcott (Mr M. Duncan), John Burke (Mr W. D. Campbell). Letters of administration were granted in the following estates:—William Charles Page (Mr C. S. Thomas), John Malion (Mr T. A. Murdock), Cornelius O'Callaghan (jJr J. J. Maloney). MAGISTERIAL. MONDAY. (Before Mr S, E. McCarthy, S.M.) DRUNKENNESS. A first offender, who did not appear, was fined 10s, in default 48 hours' imprisonment. CIVIL BUSINESS. Judgment by default was given for plain- | | tiff in each of the following cases: —W.' ; , Strange and Co., Ltd., v. Gilbert Henderson, £27 lis lOd; The Painters' Industrial Union J oi Workers v.'Charles B. Hawes, £i; The International Harvester Co. of N.Z., Ltd., v.,. 3 Barnett Bros., coats only; W. H. Simms and ; i Sons, Ltd., v. Gn» Bew, £2 2s; \V. n. Simms ' r, and Sons, Ltd., v. A. H. Pikett, £ls 6s lid; . Christcfrurch. Gas Works Employees' Indus- r trial Union of Workers v. \\'. Tomlinson, £1 17*; The Canterbury Motor Co., Ltd., * v. Leslie Glanville and Bert Cellars, costs 1 only; The N.Z. Fanners Co.-op. Associa- i tion of Canterbury, Ltd., v. John Armstrong, ' t £8 8s; W. Berryman v. W. Tisdail, £7 10s. ! J Raymond Taylor, on a. judgment summons, was ordered to pay Owens aud Co. (Mr W. a J. Cracroft Wilson) the sum of £4 16s 3d, s in weekly instalments of 2s 6d, in default t< 14 days' imprisonment. 1 Cecil Saddler, student, of Christchurch c (Mr F. W. Johnston) proceeded against Clifford Dunston, of St. Albans, taxi-driver (Mr W. F. Tracy) for £lB 2s 9d, being damages sustained on June 12th, 1921, in «, col.ision between plaintiff and defendant's motor-can. ' Plaintiff alleged that the collision was the )

' result of defendant's negligent and •unskilful • management of his car. the '. evidence, the Magistrate stated that the aoci- ' dent hacf been caused by defendant approaoh- ', ing a- corner at a high speed. Judgment ; was given for plaintiff with costs. , Frederick Peaice, builder, of Kn-iapoi (Mr W F Tracy) sued the County of Waimam (Mr G. G. Lockwood) for £5 damages, caused 1 by plaintiff driving ,his -oftrt, into • a sump : which the County Council had constructed and negligently left unprotected on the high-. way. Judgment was given for p.aintiff with "j 9 W. Blanohard, butcher, of Christchurch, (Mr W.' J. Cracroft Wilson) claime-J from. Margaret C. Grant,, widow (Mr W. F. Tracy), £2 14s for meat supplied. Judgment was given for plaintiff with costs. '"■"•"" ;: --KAIAPOi. ' '.-' (Befa»<Mr Wyvern, Wilson, S.M) ... John Davoy, <harged-v«th procaring liquor during the currency of a prohibition order, was lined £5 and costs 7s. „,-,„- David Scott, on a charge of procuring liquor for a prohibited person, was fined. £lO and costs .7s, the fine to be paid at the rate of £1 per .week: ;: Bert Ward, for cyolm« on the footpattt, -, was fined 5s and costs fa. . Leicester M. Ford, charged with riding a | motor cyole in the borough at an excessive j meed, was fined 40s and costs 7s. On simi-.. lar charges Ronald G. McDonald and Roland Ballantyne (Mr C. 3. Thomas) were eacn fined 30s and costs 75.. -,',.• George V. Cross, on a charge of driving a motor cat- at an excessive speed along the Main North road in Jtaiapoi, was fined 3Cv* a-nd costa 1-ls. Francis G. Sutnmerfield (Mr P. Amodeo), charged with riding a motor cycle on a public highway at a epeed dangerous to the ivublic was fined 20s, and costs. I4s 4d. In a civil case, J. A. O Neill v.- W; J. Marsden, olaim £IOO, purchase money tor motor car engine plac~l with defendant tor sale in . 1913, the defence claimed that: the engine was still stored for plaintiff. Judgment was given far defendant with costs £8 Us. ' . ... A boy, aged 15 year 3, was charged witfl indecent assault.on. a girl aged 12 years. After hearing evidence, '.he Magistrate convicted the boy of common assault, and postponed eentcnoc for time ■ months, on condition that be entered and remained in the Probation.Home at Chr.'-:tcburch during thr.t period, and that his parents paid' for his keep while there. GERALDINE. (Before Mr E. D. Mosley, S.M.) In a civil casa, Hatch v. J. Cripps, claim £l2 lOe, judgment was given for plaintiff, with coats. W. Elmrlie was ordered to pay the National Mortgage and Ajency Co., Ltd.. £SB £s 2d at the rate of £5 per month, in. default two' months' imprisonment. , In Strange and. Co. v. M. Manson, • claim £ll 10s, no order was made. IN OTHER PLACES. IMPRISONED FOR SENDING j INDECENT LETTERS. (PRESS ASSOCIATION' TELEGRAM.) HAMILTON, December 5. ! William Williams, labourer, was sentenced to a month's imprisonment for sending four indecent letters through tha poet to Jack Porter and his wife. Letters were tent to Pojtev's wife alleging that Porter was the father of the child of a certain woman,,but enquiries proved that f.o such is in existence. A receipt a?so wp.s enclosed acknowledging alleged payment of money fcr maintenance of the child. Accused admit:?-! . sending two letter?. The opinion of oxpeits I was that all the letters were in the pome I handwriting. Evidence wrs given, that the] parties had a slight dispute eight en months ago over wagei, but fince had b?p.u friendly. .