TAHUNA ROAD CASE

Te Aroha News, Volume XLI, Issue 6407, 27 October 1923, Page 4

TAHUNA ROAD CASE

PLAINTIFF NONSUITED A written judgment was delivered by Mr Justice Stringer in the Supreme Court on Friday in an action which came before him and a jury at Hamilton on September 17 and 18. Francis Dalrymple Innes (Mr W. D. Anderson) claimed £1945/10/- from the Piako County Council (Mr Northcroft) in respect of road metal supplied under a contract. The finding of the jury was that the contract was not embodied in certain letters only, but was contained in those letters, coupled with the signed agreement with specifications. The agreement between the parties was not contained in the signed contract and specifications only. Lorry measurement was not substituted for board measurement by agreement of the parties. The • quality of metal supplied complied with the contract. 1

His . Honor said that they were dealing with an exicitory contract, which was unenforcable by reason of non-compliance with express statutory conditions. He was of opinion that he should have nonsuited plaintiff at the close of his case, and that th& proper course now would be to enter a judgment of nonsuit, with costs as per scale, witnesses’ expenses and disbursements. His Honor certified for a second day of trial £ls 15s, and allowed the defendant £lO 10s and disbursements on the motion for judgment.