COUNCIL & CONTRACTOR

New Zealand Times, Volume XXXIII, Issue 7929, 12 October 1911, Page 7

COUNCIL & CONTRACTOR

HEAVY DAMAGES AWARDED

By Telegraph—Press Association —Copyright.

LONDON, October 10.

The Court of Session, Edinburgh, in tho case Municipal Council of Johannesburg v. D. E. Stewart and Co. and William Beardmoro and another, decreed that Beardmoro and Stewart were jointly liable for £115,134 and Stewart individually liable for £225,043 damages.

The action referred to was opened on June 4th last. The Johannesburg Municipal Council claimed .£500,000 on account of an alleged breach, of contract in connection with the supply of gas-producer plant and other machinery for an installation of electricity for lighting and power purposes in Johannesburg. Tho defendants were D. I’. Stewart and C 0.,. Ltd., of tho _ London road Ironworks, Glasgow, William Beardmoro, shipbuilder and steel manufacturer, of Glasgow, and another. Plaintiffs alleged that tho plant did not conform to the contract, and that they were, therefore, entitled to reject it. William ) and Joseph Beardmoro were sureties for Stewart _ and _ Co. in .£115,000 in connection with the contract. The defendants denied that there was any breach of contract, and alleged that tho installation was made according ' to the plaintiffs’ specifications, and that the prescribed tests of the machinery were not reached on account of the unsuitability of the coal supplied by the plaintiffs for gasproducing purposes.