MAGISTRATE'S COURT.

Poverty Bay Herald, Volume XXXI, Issue 10141, 30 August 1904, Page 2

MAGISTRATE'S COURT.

Before. Mr W. A. Barton, S.M., the hearing of the case Oliver Blowes (Mr .Blair) v. Alfred Hatten (Mr Arthur Coleman), being a claim for £45 16s for damages for alleged breach of contract, was resumed. — Mr Coleman opened his case for the defence, and stated that it was really a matter of dispute over the terms of contract. Defendant maintained that it was a cash > arrangement, and that he was entitled to stop defendant cutting the bu3.11 if the money was not forthcoming. Defendant gave evidence to the effect thai he had sold the bush to plaintiff for £30 about the middle of February. About a fortnight later the plaintiff started work, and it was further arranged that plaintiff should pay £25 and another £5 if tli© bush turned oufc 200 cords. Witness made a note of the arrangement at the time. Witness saw defendant on May 4th, and asked) for his money, and witness told him then he might ask for the balance, any day. Plaintiff said it would be all right; and had left an order with Mr Neenan. Witness received £20 from Mr Neenan. When witness let plaintiff a. contract for sorub-eutting it was arranged that the £5 should be stopped out of it. On August 2nd Neenan said he would' not pay the balance till all tlie wood was 'on the road, I .' The'following day plaintiff said defendant could keep the wood, bub he would get no more money. At a later date witness stopped l a man named Bain from removing his tools, as he was not sure how plaintiff would stick to this arrangement. Witness then received a lawyer's letter. On finding the tools were not plaintiff's, witness on August 4th toldi plaintiff to inform Blain that he could get his tools. The letter was taken to his solicitor to answer, and' settle the maltef. A guarantee was received from Mr Neenan for the balance, and an undertaking was also received from Mr Blowes to finish the contract. Witness never desired to stop plaintiff cutting the timber. — By Mr Blair: He did not remember telling Mr Neenan that the arrangement was only £25. On getting the first payment from Neeiuui the arrangement was made that the price was £25 and £5 more if it turned/out 200 cords. Blain's 'statement that he, witness, had asked him about payment and royalties was untrue. He was quite satisfied with the arrangement that had been made by his solicitor. He did not see -any of them after the' matter had been fixed up.— Mr Blair said that if defendant had said he Avas satisfied with this latter agreement the case would never have come to Court.—Counsel then proceeded to address the Court. — His Worship said that the evidence was very conflicting, but thought there was little doubt m his mind*. He would take time to review the evidence, and give judgment on Thursday morning.