BISHOP’S CLAIM

Dominion, Volume 25, Issue 230, 24 June 1932, Page 12

BISHOP’S CLAIM

Allleged Defective Bricks SUPREME COURT CASE Dominion Special Service. Auckland, June 23. Allegations of defects in the exterior bricks used two years ago in the rection of a block of buildings at the Star of the Sea Convent, Howiek, were made in a case heard by Mr. Justice Herdman in the Supreme Court yesterday. It was stated that the bricks were ilaking so badly with the weather that there was no remedy but to pull the whole wall down an drebuild. Dr. James H. Liston, Roman Cotholic Bishop of Auckland, was the, plaintiff in an action to recover £1275 from 11.. R. Jenkins, J. B. Crawford, and W. 11. Waterhouse, formerly trading as the Drury. Brick and Tile Company. That amount represented the cost of pulling down and repairing the wall, and it was alleged that the bricks supplied by defendants were not suitable not reasonably fit for the purpose of exterior facing bricks. Defendants maintained that they had completed the supply of bricks in accordance with their contract, and that in any case it would not be they, but the contractor who would be liable for any damage. Counsel for defendants made the preliminary objection that the amended statement of claim substituted an entirely new cause of action, and was based on an entirely different contract. Counsel for plaintiff explained that at first it bad been thought that the ba dstate of the building could be rectified by covering it with a coat of plaster, and the plaintiff was about to go to court on that issue. Tlie hearing was adjourned.