SAWMILLER’S CLAIM

Grey River Argus, 15 May 1935, Page 7

SAWMILLER’S CLAIM

AGAINST BRIGHTON COAL MINES. At the Magistrate’s Court at Greymouth yesterday, before Mr Henry Morgan, S.M., Neil Mouatt, sawmiller, of Barrytown (Mr A. M. Jamieson), claimed £ll4 5y 9d from the Brighton Coal Mines, Ltd., (Mr A. A. Wilson) of Westport, for supplies of timber. The defendant company had agreed to judgment for £33 6s sd. Mr Jamieson said that the claim was for the price of the balance of timber supplied by plaintiff to the defendant company, between January and March, 1935. Early in 1934, the mill was owned by Dennehy, and leased to Richards’. Richards had a contract to supply timber to the defendant company, at specified prices. Dennehy went bankrupt in September, 1934, and the mill was purchased by Richards, on behalf of Mouatt. It was reconditioned, and recommenced work in November 1934. Early in January, 1935, the defendant Company’s representative, Hunter, interviewed Richards, with a view to getting him jto continue supplying timber at the previous contract prices. Richards* made it quite clear to Hunter that he was only an employee of t'he mill, and obviously could not continue the contract he previously held with /the Company. The matter was referred to Mouatt, who agreed to supply ordinary building timber at the rate which Richards previously supplied it (Ils 6d per 100 feet). Wides (timber wider than nine inches) and heavier clashes of timber were to be supplied at prices to be fixed. Plaintiff received instructions to cut as much o.b. timber (Ils 6d per 100 feet) as possible, and was i informed that the defendants would take all he could cut. So far as the larger classes of timber were concerned. it was to be specifically ordered by the defendant and it was ordered from -time to time. Counsel said he did not know whether the defence was based on the question of values or quantities. He would call evidence to show that the prices were reasonable, that 'there was no suggestion of the continuation of the contract originally entered into with Richards, and that the quantities set out in t'he invoices were actually supplied to the defendants. A special skid was set aside at the mill for the defendant Company’s timber, and only timber for the Company was* put on the skid.

Evidence -was given by plaintiff. Errors in some of the invoices were pointed out by "Mr Wilson, and plaintiff said it was the first time they had been brought to his notice. Mr Wilson said it was contended by the defence that the contract entered into with plaintiff provided for the supply of all timber at 11m 6d per 100 sup. feet. That was regarded as a reasonable price, as the defendant Company was taking all the small stuff, which was worth only about 6s per 100 fecit. When the Court resumed after lunch, Mr Jamieson said that he had had the invoices checked during the adjournment and found that the claim was increased to £ll5 17s 6d. Mr Wilson pointed out that it was a mistake in the calculations, but in the checking of the amount of timber supplied. Plaintiff gave evidence along the lines indicated by Mr Jamieson. Evidence was given for the plaintiff by Archibald Richards, of Barrytown, who said that he had heard Mouatt tell Hunter that he would not cut widest at the flat rate witness had done, (Ils 6d a hundred.) John Spiers Robertson, timber agent of Greymouth, said that he was a member of the West Coast Sawmillers’ Association, which fixed local and export prices*. He produced the Association’s price list. He had never heard any complaints regarding Mouatt’s tallies. He considered that the prices charged by Mouatt were reasonable. It was not reasonable for a miller to take

a contract to cut everything for Ils 6d, he could not do it.

William Alexander Kennedy, a mill hand, employed by gave evid cnee regarding the tallying and loading of the timber for Hunter.

Mr Wilson said that the defence was that there were three classes of timber concerned. The timber for the flume, Mr Mouatt agreed to cut at the same price as Richards (Ils 6d per hundred feet) provided he was paid regularly. Andrew Hunter, Manager of the Brighton Coal Mines Ltd., -was t¥e first witness for the defence. He said that Richards had not told him that ‘he was not interested in the mill. He got the impression from Richards that Mouatt was not going to put up the price, but was more concerned about getting his money regularly. When witness eventually saw Mouatt he agreed to carry on Richard’s contract with ithe Company, as long as he got his money regularly. There was no mention about the price of timber at that interview, and witness understood that i't was all to be supplied at the same rate of Ils 6d per hundred feet. If he hud known plaintiff’ was going to charge what he did, he would not. have entertained the use of the sawn timber, and would have used round birch.

Mr Wilson alleged that there was a shortage of 7,000 feet in a total of 34.850, which Mouatt claimed to have supplied. In reply to the Magistrate, witness

admitted that he did not draw up a new contract with Mouatt, he expected him to carry on under the same agreement us ißichards.

The Magistrate said that that seemed to him to be not very businesslike. Witness’s dealings with Mouatt were a new matter altogether.

At the conclusion of Hunter’s evidence, at 5.40 p.m., ithe hearing of the case was adjourned until 10 o’clock this morning.