BUILDER'S CLAIM

New Zealand Herald, Volume 82, Issue 25288, 23 August 1945, Page 7

BUILDER'S CLAIM

COST OF A HOUSE, DISPUTE OVER CONTRACT A claim by a builder and contractor against a couple who employed him to build a house for them came before Mr Justice Callan and a jury yesterday. The plaintiff was Wilfred Ernest Wagoner (Mr North and Mr Bartleet), who brought action against Sydney George Pudney, retired tailot, and Ann Jane Pudnev (Mr xV. A. Coates), claiming £lOl3 for balance alleged to be owing on a contract, plus £35 for plant hire and for plans and specifications and interest. Plaintiff claimed that in August, 1944, an oral contract was entered into between the parties whereby plain- -* tiff was to build a house for the defendants on the usual 10 per cent basis. In part performance of this, defendant* had paid £2301. The defence denied that there had - been a contract on a percentage basis, and alleged that plaintiff had failed to give proper supervision and to complete the contract satisfactorily in various respects. Mr North said that plaintiff was a young man who had recently returned from the war and set up in business as a contractor. When Pudnev ,saw'his . wofk and asked him to build a home for him, Wagener explained that he could only do so on a percentage basis, and could not give a firm contract price. To this Pudtiey agreed. Mr North said that once Pudney got possession of the house he set up that there was a firm contract to build for £2300, and refused to pay any more. Evidence would show that if that was correct Pudney was getting a house for at least £IOOO below its true value. The jury was taken out to view the house. The hearing was adjourned until this moruing. TEACHERS APPOINTED The following teaching: appointments were authorised by the Auckland Education Board yesterday;— _ _ ... ■ . I Head Teachers. —Mr R. A. Robbie, M.A.. Waiuku District Hitrh: Mr J. C. Mcholls. Makotu. , Secondary Additional Assistant.—Mr C. V. Gallagher, M.A., Opotiki District High ; Assistant Masters.—Mr F. Thomas, Kowhal Intermediate; Mr D. R. Hill, Hora Horai: Mr C. M. Jewell, Beresford Street. Senior Assistant Mistresses. —Mrs R. Ross. Edendale; Miss R. K. Farrow, Grey Lynn. Assistant Mistresses.—Miss D. M. Meikleiohn, Parnell; Miss G. L. North. Maketu; Miss M, L. C. Wallace, Maketu; Miss M. M. S. Alexander. Poktiru; Mrs E. €. Pearce, Dev. on port; Miss H. M. Dykins, Hinuera- Mrs M. E. Howard. Karapiro Hydro; Mrs J. F. I. Finches, Maunsjawhau; Miss A. L. Mountain. Morrinsville District Hitrh; Mrs F. D. Skinner. Te Papapa; Mrs D. I. Read, Te Kujti ■ District High; Miss J. W. Ryburn. Te Puke District High. , The following war appointments were also authorised: — _ „ _. ... Sole Teachers. —Miss I. A- Gunn. Kimihia: Mr E. A. Brown, Kaiate Falls; Mr B E. Brown. Komakorau; Miss M. K. Painton. Ruapekapeka West. Secondary assistant master: Mr R. E. Coulthard, Waihi District High. Secondary additional assistant: Mf l. W. Lovett, Opotiki District Hiah. Assistant masters: Mr G. G. Taylor. Awanui; Mr L. C. Palmer, Opotiki District High. Assistant mistresses: Mrs FT. B. Vine, Cornwall Park; Miss M. T. Gentil. Remuera; Mrs E- D. Johnston, Gladstone; Miss A. F. Grawick, Glenbervie; Miss J. M. Hatton, Cambridge District High.