POULTRY FARM DISPUTE.

New Zealand Herald, Volume LXI, Issue 18722, 30 May 1924, Page 5

POULTRY FARM DISPUTE.

FAILURE OF WAGES CLAIM.

COUNTER-CLAIM 'ALSO FAILS.

The poultry farm venture at Silver dale, in -which C. G. F. Wheeler (Mr. Fleming) and Henry A. Nicholson, farmer and engineer (Mr. Beckerleg), were concerned —and as to which Wheeler claimed £484 for 'wages, while Nicholson counterclaimed - for £1779 Is 9d, alleging ' improper management of the farm on the part of, plaintiffswas further ventilajted in the Supreme Court yesterday, before 'Mr. Justice Stringer and a jury of twelve. For the defence, jH' was denied that there was any contract for payment of wages to the plaintiff, a nd contended that the arrangement between the parties was for a co-operative venture. If, however, it was held that, there was a wages -contract, defendant claimed damages for negligence. If the wages contract was not established, said Mr. Beckerleg, the defendant would abandon the counterclaim. '» y Adam Sewell, who was manager of the farm under Nicholson, was cross-examined at great length as to the condition of tho property and the fowls during his regime. Several other witnesses, some of them poultry experts, also gave their opinions as to the state of the property and its feathered stock.

His Honor put issues to the' jury, requiring; them to determine in the first place whether plaintiff had proved that ho had been engaged as manager of the' poultry farm at £1 a day, and, if so, what damages he was entitled to recover for dismissal i without notice. Failing in answer to that question in the affirmative, they were asked "to declare whether plaintiff had manag'ed the farm with due skill and care, and, if not, what were due to defendant under the crossaction. '

The verdict of the jury, arrived at after about a quarter of an hour's consultation, was .that plaintiff had not established his engagement as manager. ■ Judgment was entered for the defendant on the original claim with costs. 1 Un the counter-claim, judgment went for the plaintiff in the main suit, without costs.