CLAIM FOR LIEN

Otago Daily Times, Issue 26748, 17 April 1948, Page 3

CLAIM FOR LIEN

DECISION RESERVED Further evidence was heard yesterday in the Magistrate's Court beiore Mr H. W. Bundle, S.M., in a claim for a lien for £276 17s brought by J. and T. Christie, Ltd. (Mr K. W. Stewart) against the official assignee (Mr F. B. Adams). The claim represented the amount owing to the plaintiff by James Wallace Raymond Easton, now bankrupt. Evidence was given for the plaintiff on Tuesday, in which it was alleged that the plumbing work done for the defendant was ©ot completed at the time he was adjudged a bankrupt. The bath installed as part of the work was to have been replaced, and the contract did not end till it was replaced. A porcelain enamel bath was not specified, but he had expected one, said James Wallace Raymond Easton. When prices were discussed the type of bath, however, was not mentioned. The plaintiff told him when the fitting of the house was nearly completed that a poreclain bath was not available, and it was agreed that a galvanised iron bath should be installed. The plaintiff told him that it might be about two years before a poreclain bath was available, and that the galvanised bath would last five years. The bath was installed as a permanent fixture, and it was not arranged for it to be replaced as soon as a porcelain bath was available. Evidence was also given by the official assignee, Mr T. O. Pratt. After hearing submissions by counsel, the magistrate reserved his decision.