MAGISTRATE'S COURT.

New Zealand Herald, Volume XLIX, Issue 15130, 22 October 1912, Page 5

MAGISTRATE'S COURT.

. *&, — CLAIM BY A BUILDER. i A claim for £12 18s 6d, balance of account alleged to be due. and interest, was brought before Mr. C. C. Kettle, S.M., at the Magistrate's Court yesterday by 0. J. Brook and Son, against Sara.li Anno Edg-: curnbe. Both parties reside in Parnell. and in. 1907 the plaintiffs (who were represented by Mr. Gregory) built a house forth© defendant (for whom Mr. Richmond appeared). The plaintiffs were paid £600, and How claimed £5 lO.s more,'arid £9 8s 6d for fencing the properly; they also claimed interest at the rate of 8 per cent. The original contract- had been lost, both Bides disclaiming any possession of it, and so .secondary evidence as to its existence, and signed specifications, were admitted. Mr. Richmond stated that shortly after the house was completed, the roof, which i had been red, turned white, and the paper on the walls faded and became mouldy, lie elicited the fact that the plaintiffs delayed live years in bringing their claim because of the defendant's circumstances, and of Mr. Brook's illness. ('. J. Brook, senior partner of the firm, for whose appearance an adjournment was made, was allowed to give, his evidence sitting, as he was suffering from the effects of heart disease; even then his evidence had to be curtailed as he was obviously indisposed. This witness and his son swore in evidence that the house had been well and properly built. Mr. Edgcumbe, brother-in-law of the defendant, gave evidence that he was the sub-contractor who papered the house. When told that the paper had faded he offered to re-paper the house, but failed to carry out his promise for personal reasons as* he had been abused by the defendant. His Worship said that obviously the house was finished in a slip-shod manner. Ho urged the partner to make a settlement out of Court, as otherwise ho would have to non-suit the plaintiff?', who, however, would be entitled to recover after the house had been put in order. Finally ■the plaintiffs agreed to accept £5 in full settlement o( their olaia\. " ", t