DISPUTE OVER TIMBER.

New Zealand Herald, Volume LXVII, Issue 20514, 15 March 1930, Page 14

DISPUTE OVER TIMBER.

MAGISTRATE'S COURT ACTION Judgment for £485, which is £lB5 more than the limit of a claim which may usually be heard by a magistrate, was given in the Magistrate's Court yesterday by Mr F. H. Levienj S.M., on a counterclaim which was brought by defendants in a case where they were sued for £2Ol 5s 6d. The claim was allowed, reducing judgment for defendants in the counter-claim to £283 14s 6d, with costs totalling £27 ss. Costs were also given for plaintiffs amounting to £l4 ]ls. Ihe case was heard in the Magistrate's Court, although the counter-claim was for over £3OO, by agreement between tho parties, R. E. Parker and C. Bergerson, plaintiffs; (Mr. W. Vallance), and the Waitakciei Timber Company, Limited, defendants (Mr. Spencer Mason). Plaintiffs claimed £2Ol 5s 6d for labour in cutting and milling defendants' timber from defendants' bush at Waitakere and delivering the sawn timber at Glen Eden under agreement. It was claimed that during the months of November and December, 1928, and from January to March, 1929, the full amounts which were owing for timber sawn and delivered at agreed prices had not been paid, leaving a balance owing to plaintiffs of the amount claimed. In their counter-claim for £SOO defendants stated that plaintiffs had failed to carry out. their obligation under the agreement by not removing a mill, machinery and gear, by failing to keep in repair haulers, a planing machine and other gear, by making default in the payment of insurance premiums, and by leaving uncut an area of standing bush.