A MISSING TRIPOD

New Zealand Times, Volume XLVI, Issue 10542, 19 March 1920, Page 5

A MISSING TRIPOD

SURVEYOR v. DRAUGHTSMAN. UNUSUAL CLAIM FAILS. Judgment was delivered ty Mr W. G. Riddell, S.M.. at the Magistrate's Court yesterday in respect of a claim brought by Thomas Forbes . Johnston, of Auckland, surveyor (Mr J. J. McGrath) against Douglas Gordon Jack, of Wellington, draughtsman (Mr A. M. Sajek); for the recovery of £34. In support of his action, the plaintiff had alleged that he entrusted to tho defendant a theodolite and tripod for adjustment and repair. Tho former instrument was returned in due time, hut .the tripod was retained for practically r twelve months. As a result, he had lost work to the extent of £24 and also a sum of £lO oh account of other work ■ whioh had proved unsatisfactory owing to the inferiority of a borrowed apparatus he had used. The magistrate, in giving Jus decision in favour of the defendant, with costs amounting to £4 3s 6d, remarked that there had been no contract between ’the parties; further, that although the plaintiff had suffered some damage it was largely duo to the manner in whioh he had carried out his work, and to the fact that he had failed to obtain another suitable tripod, which could have been purchased at a small ooct.