A DRIVING DEAL.

Oamaru Mail, Volume XXXVIII, Issue 10571, 28 September 1910, Page 4

A DRIVING DEAL.

CLABI AND COUNTER-CLAIM. (Before Mr T. Hutchison, S.M.) A double-barrelled case w;is commenced at the Magistrate's Court this morning, when Walter M/Gimpsey, of "Windsor, fanner, sued Garibaldi Hotting, of Pukciiri, butcher, for £l4 lis. and" Bottiug counter-claimed for £2l 18s 3d. The plaintiff M'Gimpsey, for whom Air Lee appeared, set out in his statement of claim (1) thai, in or about February, 1909, at Ranfurly, ho sold to defendant two cows at £4 5s each; (2) that defendant agreed to drive 38 head of plaintiff's cattle from Panftirly to Windsor at £1 per day, that he was 3.! days engaged, and delivered only 3? head, the. value of the beast not delivered being £3 Is; (3) that plaintiff drove 450 of defendant's sheep from Panfurly to Ngapara at an agreed price of 4d per head, wherefore he claimed the sum of £7 10s, making with the items previously mentioned, less £3 ]os due to defendant for driving and £1 for assisting with the sheep, £l4 lis. Mr Hjorring appeared for defendant, who in his counter-claim stated (1) that he agreed to drive 38 head of cattle from Gunnaburn to Windsor, which occupied about six days;, that he paid £1 to a drover on the last day and also had to pay for camping ground during the journey, whereupon he claimed at the rate of 5s per head of cattle, £9 ss; (2) that plaintiff agreed to drive 389 of/lefendant's sheep from Waiptiati to Ngapara at 4d per bead and to deliver the sheep to defendant at Ngapara, and that he delivered only 372, the value of the 17 missing being £l2 3s 3d ; (3) that plaintiff requested defendant to assist the drover with the sheep from Upper Kyeburn to the Pass yards and plaintiff promised to be at the Pass yards with food for the drovers and that defendant came from Ngapara. to Upper Kyeburn to assist the drovers witlr the. 'sheep to tfie" Pass yards and returned to Ngapara; defendant was engaged three days, for which he claimed £3; (4) plaintiff failed to supply food for the drovers as promised, and defendant thereupon supplied the food, on account of which he claimed 15s, defendant had also to pay a drover 15s to come to the Pass and assist with the sheep. This made a total of £25 I%' 3f].. 'from which was deducted £4 10s allowed on plaintiff's claim, making the net amount claimed £2l 8s 3d. Evidence was called for either party, and'.the hearing of the case had not concluded when the Mail went to press.