CLAIM AGAINST A CONTRACTOR.

Poverty Bay Herald, Volume XXXIX, Issue 12739, 17 April 1912, Page 6

CLAIM AGAINST A CONTRACTOR.

At the Magistrate's Court this aftern °j n^° hearin g oi the case of Bruce and O Bnen, of Wharekopae, and others (Air .Burnard) v. Thomas R. Warren, of <*isbcrne, contractor, was continued. beorge Cook, packman, who was m plaintiff s employ, gave evidence to packing about four or five tons of building material to White's job for defendant.— lo Mr Coleman: The packing went on from January till August, 1910. The tally of goods packed was handed m at the end of the packing. A rough note was kept 'm a diary from day to day, and the record was made ud from that book, which had been left at the store. During the evidence Mr Coleman suggested that Mr C. White should be joined m the action as a defendant, and when the plaintiff's case closed Mr Burnard intimated that Mr White had no objection to this course, and he was therefore joined as a defendant. In opening the case for the defence, Mr Coleman said it appeared from the different account-- that had been issued, that the plaintiffs system of keeping books had been somewhat chaotic, excepting during Mr Samson's period, and no doubt had he been there to initiate a system of his own. the tirouble would not have arisen. Mr Coleman/proceeded to refer to the various accounts, claiming that defendant had been charg-, ed with items for which he was not" liable. Defendant deposed to entering into the contract with Mr White. Subsequently they had a, conversation about the packing and carting, and it was agreed that Mr/ White should let the packing and carting himself, and from then witness considered he ]md nothing to do with the cartiiig and packing. Witness had to complain to MTr White about the way the packing was done, and he said he would hurry them up. They were five months packing nearly foiir tons. Witness never made himself specially liable to plaintiffs for the packing. He wanted a range packed m to complete the job, and arranged to pay them 30s if they would hurry it np. He had never been billed for that item. Witness had always objected to jbeirtg charged with | the general packing. Bruce did not give him an account, but told witness he owed between £30' or £40. Witness told him he could not owe more than £5 or £6. Witness next received an account for. £40 9s. He sent an account to uMr White m August, 1911, but did not debit him with packing. At that time he had had no suggestion made to him that he Was liable. Witness then gave evidence regarding- "* the accounts for goods, stating . that some of the items had been included m other accounts and paid for. He did not make himself liable for goods tbe men got . from ' plaintiffs. They wanted him to do so, but he objected right from the

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