Each Side Pay Its Own Costs.

King Country Chronicle, Volume XVII, Issue 1646, 9 March 1922, Page 5

Each Side Pay Its Own Costs.

A protracted argument here followed between Mr Vernon and witness as to the meaning of the terms “sweated” and “shrunk.” It was finally agreed the terms were more or less synonymous. The next witness was James Nixon, who said that he was the smith who actually did the job in question. He had since started business on his own account. Witness carefully examined the parts produced, and said that linch pins were worth Is 3d to Is 6d per pair. Furthermore, the whole job was only worth about 30s. James Moon, blacksmith, Otorohanga, said that if the work had been brought to him he would have been pleased to do it for 14s 6d.

His Worship, in giving judgment, said: “The fact that the foreman, Johnson, failed to produce the firm’s time-books, setting out an account of the work, must be regarded as unsatisfactory. Johnson was the man on the spot who supervised the work,, whilst Whittaker at Hamilton could only estimate it. Sanson had been asked to pay £3 10s 6d for the completed work. Looking at the evidence of both sides, his Worship was convinced that 30s 6d would have been a fair p”ice. This, with the admitted cost of welding the axle, brought the claim to £2. As defendant has already paid 30s, judgment would be given for plaintiff for the remaining 10s. A great deal of time, said his Worship, had been taken up by this case, which was one that might easily have been settled out of court. He would therefore order each party to pay it’s own costs.”