MAGISTRATE'S COURT.

New Zealand Herald, Volume LIX, Issue 18022, 22 February 1922, Page 10

MAGISTRATE'S COURT.

CLAI,M FOR WORK DONE.

PLAINTIFF NON-SUITED.

| A case in which William Henry Shepherd (Mr. Ward), painter, sought to recover from Frederick Harvey (Mr. Vallance), builder, £77 As 3d, for materials furnished and work done in painting and papering defendant's residence under a written agreement, was heard by Mr. W. R. McKcan, S.M:, in the Magistrate's Court yesterday. For the defence it was contended that the work done had not been carried out in a proper workmanlike manner, and counsel applied for a nonsuit on the ground that plaintiff .had not established his case.

Mr. McKean said the Court could only consider the evidence before it. There was only plaintiff's evidence that the york had been carried out in a workmanlike manner. vAinm tee \im«> Vno witnesses for tho defence who said it liad not. He would express no opinion on the merits of the case, but on tho evidence before him he must find that plaintiff had failed to establish that the work had been carried out in the proper manner and must, nonsuit him. Defendant was allowed costs.

SURVEYOR'S CLAIM UPHELD. A dispute concerning payment of a surveyor's fees came beforo Sir. J. E. Wilson, B.M. A. H. Bridge (Mr. Thome), surveyor, claimed from Mrs. Janet Armour £25 tor professional services. Defendant, who appeared in parson, said she had objected to the survey being made. After hearing evidence as to the work the magistrate said he was auite satisfied that the plaintiff had carried out the survey as instructed. He was unable to accept defendant's statement that she had objected to the survoy being made. Judgment was for plaintiff for the amount claimed, with costs. \