SUPREME COURT.

Manawatu Standard, Volume XLI, Issue 8543, 25 March 1908, Page 5

SUPREME COURT.

PALMERSTCN—WEDNESDAY: {Before Mr Justicc Cooper.) CONTRACTOR v. OWNER. The case in which John Martin Anderson (Mr Lougbnan) sued Leonard Rathbone for £68 12s, for work done, was resumed this morning. The claim arose out of a contract that plaintiff- had entered into with defendant to fell some bush for him. Defendant stated' this had not been done according to the specifications, and in- consequence kept back £68 12s of the contract money for alleged damage resulting, from the | breach of contract. Tho contractor (Antlerson) therefore sued for that amount, it being held that he had followed the specifications as closely as he possibly could, but that owing to- the nature of the bush it was impossible to follow the specifications to the letter. His Honor, in delivcrinffc judgment, stated that he was not in favour of bushmen being able to depart; from the specifications and cut timber higher from the ground than specified, and. then say they could not possibly follow the specifications owing to the nature of the bush or ground. Ho held that plaintiff' had slummed his work and that £stf would not be too much to allow defendant iriconnection with the bush that had- been felled by plaintiff. He would therefore give judgment for plaintiff for £13 12s, with costs on the Magistrate's Sourfc scale, as if the case had been heafcel at Dannevirke.