MAGISTRATE'S COURT.

New Zealand Herald, Volume LIII, Issue 16266, 27 June 1916, Page 4

MAGISTRATE'S COURT.

■ FLAXMILLER'S CLAIM. — -.^fjslp | PLAINTIFF NONSUITED 9 J A case in which Edward Charles Fk*. flaxmiller, of Waimauku and Tii" '' I (Mr. J. Alexander), claimed^" ;9s 2d from J. O. and P. j|| ! Gardner, landowners and brickmaW 1 lof New Lynn and Glorit in y^ iKaipara (Mr. A. L. Dennistonj, rxcmfcj •Mr. E. Page, S.M., for several hourly 54 ! the Magistrate's Court yesterdav tS I case was adjourned from HeleneTiP * 1 where it was first heard. Plaintiff claimrf 8 I that some time prior to December 9 191? - I it was agreed that defendants should srfi i to plaintiff a quantity of Sax of mark?" " ■ able quality then on defendants' Glori* property, to be supplied at the rate rf i3O tons per week. The price fixed w2 ! 15s 6d per ton for good quality leaf •• I Plaintiff paid £100 as part pavmerrt fo. " ! the flax, to be delivered. Plaintiff coaT ' tended that on one occasion defendan*-* or one of them, supplied rotten flax T 7 respect of which plaintiff had to 'ns* £4 10s freight. Furthermore, after £1 plying 71 tons 2qrs, the value of which at 15s 6d per ton was £55 Os 10d ; defer? ' dants, plaintiff alleged, refused to' supuh any more. Plaintiff therefore claim« 0„" £104 10s, less £55 0s lOd, .d fn £ costs of the action. ? For the defence it was claimed that ! < under the agreement between the partis the flax was to be left by the defendant! on the river bank, but that latter! v as the plaintiff had failed to remove it and ' f had allowed it to rot, defendants had not supplied any more. I After the evidence had been heard the magistrate decided that he did not con- " sider plaintiff's case had been prove* ' Plaintiff was therefore nonsuited, wjtjj "■■'•■ costs according to scale, and witnesses' ■* expenses. ..... -J"]