Dispute Over Timber

Manawatu Times, Volume 61, Issue 141, 17 June 1936, Page 2

Dispute Over Timber

MAGISTRATE'S COURT CASE In the Palmerston Iwth. Court yesterday, Thos. Fred. Nolan, farmhr, of Linton, proceeded against Currie Bros., contractors, of Ashhurst, claiming £52 18s which, he alleged, was owing in respect of the purchase by defendant of pinus insignia logs. Mr H. E. Cooper appeared for plaintiff and Mr A. M. Ongley for defendant.

Giving evidence, plaintiff said lire camo to an arrangemont with two men named Collier and Lewis to cut two blocks of trees yvhich he had on his farm. A Mr Currie agreed to buy one block and the latter estimated that each tree would cut out at 1,000 feet. How-ever,-the arrangement was that Currie Bros, were to pay 2/9 per 100 feet on the actual sawn tally. He had endeavoured to get those tallies but had been unsuccessful. Currie Bros, had sent him a cheque covering 27,210 feet for the 76 trees of the block they had purchased, which -worked out approximately at 355 feet per tree as against the estimate of 1000 feet. The other block of 35 trees had been purchased by Lewis and Coutts and those trees had measured up to 34,797 feet, which worked out at 994 feet per tree. The trees of both blocks were approximately similar in size.

Walter Allan Collier said Nolan had asked him'to make arrangements with Currie Bros, to take the logs and the price was 2/9 per 100, saw-n measurements. Mr F. Currie thought the block would cut out at 60,000 to 70,000 and -witness agreed. Mr Currio promised to send in the dockets when the timber was sold as a check on the measurements. The dockets had not como to hand, however. Witness considered that there was 66,000 sawn feet of timber in the block. For pinus insignis in the Manawatu, one-third was taken off log measurement to arrive at an estimate of sawn measurement.

To Mr Ongley witness disclose]! that the 24,797 feet in the block of 35 trees was log measurement and not sawn measurement.

Arthur Henry Lewis, who partnered Collier in the cutting of the trees, said he had gone out to the sawmill at Ashhurst in an. endeavour to get details of the sawn measurements but the miller, a Mr Foot, wouldn’t give them to him. Mr L. Simmouds, manager of the Tiratu Sawmilling Company, said he had measured the stumps of tho trees cut by Collier. Tkoro wero 76 in ono block and 35 in another. The 76 stumps averaged out nt Ift. lOlins. diameter aud tho miller should have cut out 66,000 feet of sawn timber.

W. B. Coutts, timber merchant, said the 35 trees his firm had purchased, had worked out at 34,797 feet log measurement and about onc-third would havo to be deducted to ascertain the sawn measurement.

The defence was that defendants had paid on the board measurements and owed Nolan nothing extra. • Harold Cyril Foot, sawmiller, now of Huk’anui, produced his records of the trees he had sawn for defendants. Some of the trees were very ‘‘tapery” and others “bottley.” Many were very small and wouldn’t cut out like big ones. Witness recalled Collier telling him the trees in tho second and smaller block were better.

Charles Frederick Currie, farmer, said he told Nolan the trees should average 1000 feet each, log measurement. The price of 2s 9d a hundred was for sawn measurements and they were dependent on Foot for the sawn tallies. Nolan was paid accordingly. To Mr Cooper: All Nolan’s trees were delivered to Foot’s mill.

His Worship said all parties were dependent on Foot’s tallies and there was nothing before the Court disputing those figures. There was some laxity, however, on the part of Currie Bros., in not producing the tallies when asked by Collier and Lewis. Had that been done there might not have been the necessity to bring the case before the Court because Collier would pfooably have objected to accepting Foot’s measurements without a check mado of them. It was Currie Bros, duty to supply the tallies and under the circumstances, while entering judgment for defendant, he would not allow them costs,