CLAIM FOR WAGES.

Mataura Ensign, 21 May 1910, Page 5

CLAIM FOR WAGES.

SEQUEL TO A CONTRACT. At the Core Magistrate's Court 0:1 lhursday the ease I). Waddel] (Mr Hmiderson v. J. Pullar (.Mr Poppdwcl]) claim £l3 under the Wages Protection and Contraetors Liability Act was heard before Mr H. A. Young, S.M. Mr Henderson explained in oponi-v the rase that Pullar entered into a contract for labor only with one S Dunn and was- pair! £4 10 s , leaving a balance duo of £l?,. Dunn gave llp thc Co}> tract as he could not get the innterH for the work from plaintiff. Waddel! had not been paid, hence this action. David Waddell gave evidence that Dunn asked him to work on the contract and lie did so. He helped to pn+ in all v!ie foundations, stacked timber cte. They were m:ek f rom J] ar( .j, ]o to' 27 for certain timber. Witness worked 3.3 days. Witness' wages were to oe 10s per day. There was about £2* *o £3O worth of 'work done. Dunn .stopped witness in April and said lie couhl not pay the wages, and that witne-s had better put in an attachment for his wages. The tender was dated February 2 and the agreement signed on March 18. Witness was not a partner. Cross-examined : He commenced won; on February 10. He denied tolling one McAldon that he was a partner with Dunn. No copy of these proceedings had been served on Dunn. It would have cost £SO to finish the job wlicj, Dunn knocked off. He couhl not tell where Dunn was now. This was plaintiff's case. Mr Poppelwoll claimed a nonsuit on the ground that the ease should have been brought under a different statute. The contract was for £4O. The £lO paid was full Value for work done. The contractor was not present, and :r could not be ascertained wMiat had been done. Certain procedure had to be followed in serving notices on the contractor, and it had not been ascertained what was really owing to him. Dunn had gone away and eo.ild not be jo ; n■•■! in the proceedings. On ?darch 27 the architect threat-lied to tak» ihe work out of Dunn's hands if !:•> - 1 ;-! not <oetiiiue with the j (! b. D'tn:: promised d> so. b::i hi': tie- district instead. '• was on Ar.-rl] 10 •;'• ,r uolice «,f lien wa-. given. ¥•::■[]:<-, Waddell's, name had been given as ;i p.rimr. Mr Henderson v.,;,| Onie, ~,,1,1 , I( ,t ', > found or |:e wov;M !:„w ' ; ■-i joined :..-; The Court lnms'aiv-. 1 . l jl-.i:::: iff, \v;•■•'• costs £2 3s.