SUPREME COURT.

Hawke's Bay Tribune, Volume I, Issue 298, 7 December 1911, Page 4

SUPREME COURT.

A HASTINGS DWELLING CAUSES LITIGATION IN WELLINGTON.

[BY TELEGRAPH —SPECIAL. ]

(Own Correspondent).

Wellington. Dec. 7.

A dispute concerning the erection of a dwelling in Southampton street, Hastings, came before the Chief Justice (Sir Robert Stout) this afternoon. The parties were Messrs. James and Archibald McLeod \Y ilson. of Wellington, contractors, and Mr. C. J. S. Harcourt, of Wellington. land and estate agent, Mr. C. B. Morison, instructed by Mr. A. Gray, appeared for the plaintiff and Mr. A. V . Blair for the defendant.

Plaintiff said that about July 1906, defendant employed them to erect the dwelling for £1100; the value of ?xtra works and alterations was £.378 92. Plaintiffs received £I3SS 11 10 and £366 0 1 was still due. This sum. with £-35 for preparing a design and £3 3 - for inspection and valuing was claimed. In addition to a general denial the defence urged that if the allegations bo proved all such instructions were given to the knowledge of plaintiffs as agent for Isabel Murray Petersen. If defendant were a yiiineipal ami liable on the contract, defendant said, that plaintiffs delayed our proceedings until .’liter Petersen's bankruptcy in 1909. and had made it impossible for defendant to have i ecourse against her by such delay. Plaintiffs I,ad prejudiced defendant’s posh ion. and wore therefore disentitled to recover against him. Tin- questions before the Court today were whether Mr. Harcourt was personally liable on the contract sued upon, ami if so whether anything had occurred since tiie making of the contrai t to release him from liability. The om-srion of amount was to be adjusted by thi- parties afterwards. The case was adjourned until tomorrow.