Hard Case for Workmen

Southland Times, Issue 14099, 12 July 1898, Page 3

Hard Case for Workmen

[By Telegraph]-

Dunedin, July 11.

An apt lication under the Workmen's Lien Act was before Mr Justice Pennefatber today. Matheson Bros, took contracts for the construction of a water race for the Otago Syndicate at Waikaia, and they received progress paymen’s up .to 31st January. In March the workmen intimated that they would no longer work on the contract, lhe syndicate gave the Mathesons notice to proceed, but as they did not the syndicate proceeded wi.h the work. Meantime the men served notices of attachment under the Workmen’s Wages Acton lhe syndicate, who had to go to court to protect themselves and have the rights of the parties determined. The work cost L 745 more than the contract price The contention is that the Mathesons were not entitled to anything more, and, assuming they had any rights, that as the syndicate had to pay, to complete the work, a good deal more than if the contract were completed, the syridicaie were in no way responsible for any further moneys. After hearing the evidence of counsel for the Mathesons and some of the mtn it was agreed that on the sworn facts there was no money payable, and the finding of the court was to that effect.