DISPUTE OVER TIMBER.

New Zealand Herald, Volume LXIII, Issue 19502, 4 December 1926, Page 14

DISPUTE OVER TIMBER.

mmw* M( n r „ . ,i.„, CLAIM AGAINST COMPANY, PLAINTIFF AWARDED £IOO. [BY TELEGRAPH.—OWN COERB6POKDBNX. 3 HAMILTON. Friday A claim for £SOO, the value of a quantity of timber, was brought in the Hamilton Supreme Court to-day, before Mr. Justice Hcrdman, by Ernest To Tane Stewart, native interpreter, Taumarunui (Mr. J. A. Gordon), against the Waotu Timber Company, Ltd., Waotu (Mr. A. L. Tompkins), Evidence was given by plaintiff that in 1909 he came into possession of a block of 171 acres of native land at Waotu, and in 1913 he commenced farming on the property. He agreed to sell the timber on the place to Walter G. Barnett, of Waotu, . for £3O, provided he removed the timber within two years. Bariiett took no action, hut some years later witness heard that the Waotu Timber Company had acquired from Barnett the right to cut the timber. He warned the company not to touch the timber unless they agreed to accept his terms, They • referred him to Barnett. Mr. Tompkins, for defendants, said that when Stewart sold the timber to Barnett 13 years ago, it was agreed that the "timber would be removed within a reasonable time. Ho submitted that 13 years was not an unreasonable time in which to cut timber. John Archibald Koonan, managing director of this Waotu Timber Co., Ltd., said his company bought the bush from Barnett for £3O. When ho received Stewart's warning he spoke to Barnett, who produced Stewart's receipt for the timber. Walter George Barnett, farmer, Waotu, said he saw SteWrt frequently after the deal, but Stewart never suggested that the timber should be removed. His Honor said the defendant company had some legal justification for entering on Stewart's land and cutting the timber, on account of the license Barnett had given them. He considered, however, the time that elapsed before the timber was milled was unreasonable. Judgment was given for plaintiff for £IOO and costs.