MAGISTRATE'S COURT.

Hawera & Normanby Star, Volume XVIII, Issue XVIII, 24 October 1912, Page 4

MAGISTRATE'S COURT.

WEDNESDAY, OCTOBER 2

(Before Mr Kenrick, S.M.)

F. C. RUSSELL v. E. C. BARLEYMAN

This v. as a claim for £51 damages for alleged wrongful dismissal under a shar« mii King agreement. Mr Bennett (instructed by Mr P. ODea, who is absent in Wellington) appearea for plaintiff, and Air McCarthy tor the defenaant. Plaintiff in his -evidence stated that he went to work on defendant's farm as a share-milker on August 1, 1910, under a verbal agreement by which he received trie usual percentage of milk cheques, etc. At tne end of the first year fendant asked plaintiff if he thought he was strong enough to work on the farm during the next year 19il-1912. Plaintiff agreed. He worked for the defendant until August 1, 1912. On or about July 25, 191^, defendant told plaintiff that he would not require his services after the end of that month. Plaintiff alleged that such short notioe (only seven days; was insufficient, and, in consequence, he was unable to get a position &s share-milker on any other farm. H« estimated that his loss during the coming season would be well over the amount claimed.

Cross-examined by Mr McCarthy, plaintiff stated that it was not until he was on the farm that terms wer» arranged with the defendant.

Plaintiff further admitted that when defendant asked him if he could continue for another year, he understood he was to be- engaged onlr until July 31, 1912. He thought that Mr Barleyman meant him to stay on for another year after that date, but admitted that defendant had said nothing to him on the subject, and had not led him to suppose that 6uch was defendant's intention.

No further evidence was called and the Court adjourned. It was arranged that legal argument should be heard in Hawera at a later date.