CIVIL ACTION.

Northern Advocate, 22 September 1910, Page 3

CIVIL ACTION.

MILKING ON SHARES.

After the "Advocate" went to press yesterday the hearing of the case was continued, in which Jas. McDonald claimed from Wm. Alison the sum o." £142 19s lOd.

Donald McLeod, a farmer, said that a farm carrying 60 cows with a milking machine would yield profits amounting to between £500 and £€00 and a man milking un shares would y-expect to .take half of that. This excluded the plaintiff's case Mr Mo|uly asked for a non-suit on certain portions of the claim. A man could not sue in respect to moneys due to his son, and His Worship was asked to disallow this portion of the cla-m as the law was perfectly clear on this point, thus reducing the amount of tne claim by £20. With regard to the claim for damages, the plaintiff must show that there had boen a contract m .. writing before he could enforce his claim. In the present case no term had been fixed for the lease, and in the absence of such provision it was ( laid down by IaAV that there could be no effective lease. No matter whether a lease or a partnership, the plaintiff could not succeed unless the terms of the agreement entered into were stated in writing. The £50 claim for damage was therefore disposed of. As for the other portions of the claim, he would rely upon his defence. The defendant said he entered into negotiations with Mr McDonald through Mr McKenzie to milk on shares. A letter was written to plaintiff at defendant's order, and he was asked to come up with a view to making arrangements if McDonald was suit able for witness' purposes. No terms were mentioned, and witness' liability y was limited, in the event of no terms being arrived at, to paying the plaintiff's fare back to Auckland. There was some discussion about a house for plaintiff and his wife and family tc live in. Speaking on the question of terms for milking, plaintiff suggested half, which witness thought too much when a milking machine was provided. McDonald inspected the sawmill a.d told witness that it would cost £50 to put it in order. An order given by witness to Mr Foote for the material required for repairs to the mill,

and Mr Foote afterwards told witness "that the material required would est about £400. In the meantime McDonald went to see a man at Whakauara, and returning told witness that he could do no business with Fonce, and learning of second-hand machinery to be had at Whakapara he had gone to investigate. On June 15, witness told McDonald that he had i.o more work for him, and that if he

would get his tools ready by the following Saturday the man would take them in the waggon. He was about to settle up with McDonald at £2 per week, and the latter agreed that his son should be paid 15s per week. Following this McDonald said he would like to have been taken on milking and witness told him that he was not .satisfied of his fitness to milk. McDonald then asked it witness woald sell, and shortly after whether le would lease,. and he agreed to lease at £250 a year, one-half to be pad down. McDonald suggested that the first payment should come out of.tne cream cheque, but this being objected to he agreed to write to a friend and endeavour to get the money in this way. No reply "was received to the letter. Witness denied telling the in the whare that he had sold his farm as stated by plaintiff, and it was still his property. Plaintiff asked witness subsequently if* he had sold the farm, and he replied that he could sell if he wished. The whole of the carpentry work dom* by plaintiff would not occupy a reasonable man more than four days. ' With regard to the tools, witness denied th?t he had agreed to tai:e them down, and he had told McDonald that if they were left too long storage would be charged. It wo'.iid have taken from £1 to 30s to remove the tools. McDonald was one of the poorest workmen =he had ever seen. By Mr Steadman: Witness remembered a case In which he had been con victed for sly-grog selling, and had been reprimanded by the Magistrate for his manner of giving evidence. Fis evidence on that occasion was not credited. The Avitness was questioned to show that he had discussed with Mr McDonald the building of a house, and that the latter had been engaged ASA carpenter. On June 4 it was athat McDonald should be paid £?i/per week. Frederick Thomas Brown described the conversation which took place between McDonald and Alison over the tools. The former toid Alison when leaving that he had left the tools .n the shed. The reply was that they must not be left too long or storage might be charged. McDonald , th-.-n said, "How much will it be? I'll pay

you* now," and to this Alison answered, "I don't know; it will depend on the time you leave them." McDonald had told witness that he was receiving £2 per week. McDonald did not start work at 6.30 in the morning, and the usual time worked during a day was from 8 to 8y 2 hours. Witness was present at the time when Alison was alleged to have said that he had sola the farm, and did not hear the statement attributed to hi n by McDonald and his son.

Robert Henry Done, builder, gave expert evidence with regard to the cost of building such gates as thjse built by McDonald. The five gates should cost 22s 6d, and the total cost of the carpentering work done by Mr McDonald, according to the description given by defendant, would be £3 13s 9d. Under the award carpenters were paid travelling expenses once each way and also for the time spent in travelling"

Frederick John Foote, engineer, said he remembered Mr McDonald coming to him with an order for machine-y for the saw-mill. He wanted twin circular saws and wanted them i:or £50, whereas witness thought the price should be £200. McDonald did not seem to know much. Fearing that Mr Alison might be run into needless expense over the mill, Avitness communicated with him and told h'm the cost. Alison replied that McDonald had estimated the cost at £50.

EYnest William Webb, storekeeper and postmaster at Titoki, said that £2 Avould have taken McDonald's to.>ls to Titoki. Mr McDonald had made efforts through Avitness to have the to.v's brought down.

Counsel having addressed the col. t his Worship reserved his decision, which he 'stated AA'ould be later in writing.