DECISION RESERVED

Manawatu Standard, Volume LV, Issue 177, 26 June 1935, Page 8

DECISION RESERVED

• CLAIM BY CONTRACTOR. Before Mr J. L. Stout, S.M., in the Magistrate s Court yesterdav, J. T. J. Heatley, contractor, proceeded against A. J 1). Blackbourn, builder and contractor, on a claim lor £6B 3s 8d lor work done in the erection of bowsers in George Street. Mr A. M. Ongley appeared lor plaintiff and Mr J. A. ‘ Grant for defendant.

Opening the ease for plaintiff, Mr Ongley said that in September 1931, when defendant was the owner of a leasehold property in George. Street, with a man named Walker, as the lessor, plaintiff undertook to erect petrol bowsers on the representation by defendant that the cost was to be met by Walker. However, the latter’s cheque was not honoured and Blackbourn then said that if the property reverted to his possession he would liquidate the liability to plaintiff. Defendant, however, took no action, although he later secured possession of the property complete with the bowser station. Subsequently, defendant had refused to pay, maintaining that in doing so lie was acting within his rights. Evidence on these lines was given b.v plaintiff -that defendant gave him verbal instructions to proceed with thework on behalf of Walker, who. he had been led to understand, had financial backing from another party. The latter, however, withdrew. Defendant, when approached, had refused to give to plaintiff an acknowledgment of debt.

Evidence was given by William R. Birnie that in front of him defendant had given a verbal undertaking in the following terms: “1. do not know what ho is worrying about. I will see that he is paid.” Corroborative evidence of this statement was given by George Guthrie Wilson, who was also present on the occasion referred to. This concluded the case for plaintiff. Defendant’s evidence, said Mr Grant, would be a complete denial that lie made representations to plaintiff to induce him to enter into a contract with Walker. Defendant, in the box, gave his evidence on these lines and said he had informed plnintiff that if ever ho was in a position to pay he would do so, hut denied responsibility for the account. He had made no promises whatever to pay, because he did not recognise any obligation on his part. Matthew Henry Oram, solicitor, also gave evidence concerning the leasehold agreement between Blaokbourn and Walker. • , This concluded the evidence for defendant, .and the Magistrate reserved his decision.