SHARE-MILKING DISPUTE

New Zealand Herald, Volume LXX, Issue 21646, 11 November 1933, Page 16

SHARE-MILKING DISPUTE

QUESTION OF BONUS PLAINTIFF NONSUITED [from our own correspondent] TE AROHA, Friday Reserved decision has been given by Mr. F. W. Platts, S.M., in the Magistrate's Court in a dispute arising out of a. share-milking agreement. Plaintiff, William Moore, share-milker, claimed from J. B. Johnson, farmer, £55 14s, one-third of tho bonus for last season. Defendant counter-claimed for £ll6 14s, value of certain work. The magistrate said the claim aroso out of a verbal arrangement made by tho parties nine years ago. For nine successive years, plaintiff was engaged and re-engaged by defendant as a sharemilker, and plaintiff was aware, certainly after tho second year, that defendant would not pay him part of tho bonus. The long term of service without any receipt of the bonus, or protest at tho position, indicated that it was part of tho yearly contract that plaintiff was not t» receive part of tho bonus. Plaintiff was nonsuited.

Dealing with tho counter-claim, tho magistrate said that defendant had failed to provo that plaintiff agreed to perform or was responsible for various items of farm work. Judgment was given for defendant, however, for £4 Bs, the estimated cost of certain draincleaning, admitted l>y plaintiff as work that he himself should have done.