MAGISTRATE'S COURT.

Colonist, Volume XLVII, Issue 11336, 19 May 1905, Page 2

MAGISTRATE'S COURT.

Yesterday, before Mr 11. Eyre Kenny, H.M., the following suita were dealt, with : —

Kelson Brick and Pottery Company, Limited, versus John Howard, a claim for £63 5s in rospect t023,G00 bricks detained by the defendant and claimed by the plaintiff Company. Mr Glasgow appeared for the plaintiffs, and Mr Maginnity for the defendant. A counter claim of defendant's for £11 5s on account of clay taken from his leasehold by the Company was heard separately. In the first case it was stated that a verbal agreement was made with Howard that the Company should have bricks made at his kilns, Howard to receive nine shillings per day for his services and use of his plant, the Company to pay also for horse feed and a portion of the rent of Howard's leasehold. This agreement was the result of Howard's proposal to assist the Company. At the close of the evidence for the Company; Mr Maginnity contended a contract had not been proved, and in the verbal agreement made with I Howard no mention \vas made of consideration for the Clay out of which the bricks wore made; and tho whole of which ,was obtained from Howard's leasehold.

The Bench gave judgment for Howard, who, he considered, had a right to say the bricks should not be removed from his grounds till he iind been paid for the clay. Judgment for defendant, with M costs. In the second action John Howard aued the Company before mentioned for £17 5s lor the clay used in the manufacture of the 23,000 brickH. The same counsel appeared lor each party. The Bench, after taking evidence, gave judgment for the plaintiff for £i Ob 6d, with £1 3s costs. The Company having the total sum of £9 sin fid to pay.