TIMBER TALLY DISPUTE

Grey River Argus, 11 June 1935, Page 4

TIMBER TALLY DISPUTE

CLAIM FOR OVERPAYMENT. JUDGMENT FOR PLAINTIFF. HAMILTON, June 6. A dispute regarding the measurement of a quantity of milled timber was* the subject of a claim before Mr. S. L. Paterson, S.M.. in the Hamilton Magistrate's Court, when Sidney Spencer t Mr. Tomkins), farmer, of Maramaruai. sought to recover from Alfred Skyottrup (Mr. Johnson), benchman. of Gisborne. £42 ISs 6d, alleged to be over-payment made to defendant for milling a block of timber at Te Kauwhata. Plaintiff said in evidence that in .hdv, 1934. he purchased block of white pine timber near Te Kauwhata and arranged to sell it through a timber merchant. Defendant was employed to mill the timber. Gn consideration of defendant erecting the mill, and j sawing and stacking the timber, plaintiff agreed to pay him 4s 3d per 100 superficial feet. Milling was started lasi October an<J ceased on November 15. Vji to the first SOXOO feet witness assisted defendant in tallying, but then an arrangement was made whereby witness paid defendant £6 for tallying and the timber merchant through J whom the sale was made gave him a further £3. When the contract was finished, plaintiff continued, defendant represented that tihe timber milled amounted to 136.000 feet, and. plaintiff paid him for that amount at the irate of 4s 3d per 100 superficial feet. However, after making payment, plaintiff discovered tha: the amount of tinier was 115.859 feet. He had overpaid jdefendant for 21.200 feet at the rat € of 4s 3d per 100 feel the over-payment amounting to £42 18s 6d. Mr. Tomkins said shall allowance bad to be made for feet milled locally, which reduced tlie deficiency to 16.200 feet. Samuel Bishara, timbei merchant, of Taumarunui, supported plaintiff’s evidence. stating that after the contract was finished Skyottrup fold him that plaintiff paid him oi the basis of 136,000 feet, but he (Skyottrup) knew that that amount of timber was not milled. Evidence regarding the contract was given by the defendant and he claimed that the agreement was jon the of ordinary superficial 'measurement. He had kept the railway! tallies faithfully and honestly believed that 136.000 feet had been milled. Judgment was given j for plaintiff under the equity and good conscience clause for £32 6s with corts, £9 19s 6d«