ONEHUNGA.

New Zealand Herald, Volume VIII, Issue 2348, 4 August 1871, Page 3

ONEHUNGA.

I.N' tlie Resident Magistrate's Court, on Wednesday, before C. Mellsop, Esq., R.M., the following cases wera heard :— Civil Cases.—Roo v. W. Price, claim £35 lis, for timber. Mr. Bennett appeared for the plaintiff, and Sir. Shceluin for defendant. Defendant pleaded a set-off of £12 cash paid, and 12s Gil paid into Court. The plaintiff's ease was (hat he supplied timber, by agreement, to Mr. Price, who was the contractor .for finishing an hotel for Mr. John Lundon. Price was to pay 10s per 100 feot for the timber, and Mr. "Lundon tho extra auui of 3a Gd per 100 feet, making up the full price of 13s Gd par 100 feet. Sir. Koo proved that Price paid him £10 on account of the amount due from him, nnd Mr. Lundon had paid £12, which had been placed to his credit against the amount duo from him at tho 3s. 6d. per hundred feet. In cross-exami-nation by Sir. Shoehan, plaintiff admitted that he did not object to tho terms of payment offered by Prico, which wore 50 per ccnt., as he drew money on his building contract and the balance on the completion of the building. This arrangement was broken by the money not having been paid. Mr. Roe's clerk gave similar evidence, exeeptir.g that he had given a few shillings out of his own packet to Mr. Price, and without his employer's knowledge, in consideration of getting the £12 from Mr. Lundon, and that an order for payment of £22, given by Price, was to be held over for three weeks. for the defence,;"\V. Price, the contractor for a building, deposed that tho agreement accepted by plaintiff for payment of tho timber was 50 per cent., as ho drow money on his contract, and the balance on the completion of the building. Plaintiff had broken his portion of the contract by refusing to Bupply more timber. Tho £12 paid by Mr. Lundon was on his, defendant's account, and when ho found it had beeen paid, asked for discount, nnd received 75., as it was a payment in advance. Mr. Hartley, tho architect, gavo evidence as to the agreement made with plaintiff. John Lundon deposed that be paid tho £12 on Price's account. —Plaintiff olected to be nonsuited, witL costs, after tho case had occupied four hours.