PORT CHALMERS. (Before T. A. Mansford, Esq., R.M)

Otago Daily Times, Issue 4438, 10 May 1876, Page 3

PORT CHALMERS. (Before T. A. Mansford, Esq., R.M)

Roderick M'Keczie v. JohnM"Kenzi&— Claim to recover £34, value of 910 tramway sleepers and 50 cords firewotftl; sleepers, 40s per 100; firewood, 6s per cord.—Defendant pleaded not indebted.—Mr Chapman appeared for the plaintiff, and stated that his client had contracted to cut so many s'eepfcrs and so much firewood for the defendant, the sleepars to be from sft. 6in. to sft. 10in. iong. He performed his part of the contract, and the defendant accepted the delivery of sleepers and firewood.-—The plaintiff, R. M'Kenzie, give evidence to show that he had cut the firewood and sleepers, and produced two wituesses to substantiate his statement. A man named Upton, » brickmakcr, was involvt d in the : contract for tho firewood, but the defendant, M'Kenzie,.was the person who had agreed to be responsible for the payment of it.—The defendant, J. M'Kenzie, averred that the contract had not boon completed, only 192. sleepers having been delivered, and they not being the required length, were useless to hi'n. The firewood was cut, not for him, but for Upton ; but the defendant had promised to see that it was paid for. Two witnesses supported the defendant's testimony. —Tho Court said the ciie was very unsatisfactory so far, aud would be adjourned for one week, in order that tho evidence of an entirely disinterested person iiiight bs obtained, upon the qualitj', size, and number of sleepers delivered. With regard to the firewood, it was evident the defendant had nothing to do with it; the man Upton would have to be sued.

Phoebe Medley v, John Heuot.—Case adjourned from last week. No appearance of plaint,ff— Judgment for defendant, with full costs.