FARMER’S CLAIM FAILS
ERECTION OF TILE ROOF PLAINTIFF NQN-SUITED Reserved judgement in the case in which Duncan Mcßae, a farmer of Benmore, claimed £129 15/- from Briscoe and Co., Ltd., for an allegedly defective tile roof erected on a house built in 1919, was given yesterday by Mr W. H. Freeman, S.M., who said that defendant company was entitled to a non-suit with costs £6 9/9. The case was heard in the Magistrate’s Court on November 29. Mr G. C. Cruickshank appeared for plaintiff. Defendant company was represented by Mr R. T. Meredith. After hearing the evidence Mr Meredith submitted that plaintiff should be non-suited on the grounds that he was not a party to the contract and so could not sue.
In his reserved decision the Magistrate said that the original contract was not between plaintiff and defendant company, but was between his predecessor in title and the contractor. Plaintiff had not proved a contract between defendant and himself and defendant was entitled to the non-suit asked.
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Southland Times, Issue 23374, 4 December 1937, Page 9
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168FARMER’S CLAIM FAILS Southland Times, Issue 23374, 4 December 1937, Page 9
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