SHAREMILKER’S RIGHTS

Taranaki Daily News, 20 September 1929, Page 6

SHAREMILKER’S RIGHTS

CLAIM AND COUNTER-CLAIM. COMPLICATED CASE AT HAWERA. In the Magistrate’s Court at Hawera yesterday Mr. J. H. Salmon, S.M., heard a claim and counter-claim between H. P. Dornauf, a milk vendor of Hawera, and formerly of To Roti, and David Macvean, a farmer of Auckland. Dornauf claimed from Macvean the sum of £33 6s Bd, and Macvean counter-claimed for £92. For the plaintiff Mr. A. Chrystal appeared and stated that about July 1 1923, his client entered into a written agreement -with defendant -whereby the plaintiff was to milk certain cows for him on a share basis. A similar agreement between the parties was also entered into on July 1, 1924, and from that date plaintiff carried out the duties of a isharimilker according to the agreement. The defendant sold his farm this year and the contract was determined on July 39. Plaintiff’s Claim was for £l6 18s lid for moneys allegedly "withheld from him and £l6 7s 9d as damages for work done in expectation of his continuing on the farm. The defendant, for whom Mr. A. K. North appeared, admitted liability in respect of the sum of £l6 18s lid, but ho disputed, the other claim, which the plaintiff agreed to abandon. The amount of £92 claimed by Die defendant represented three items. It was alleged that plaintiff wrongfully grew on defendant’s land melons, pumpkins and potatoes and appropriated the proceeds, £54, for his own benefit; that he failed to deliver to the defendant the skins of four cows, valued at £B, and that he wrongfully demolished the garage, valued at £3O. Plaintiff in evidence stated that he had a surplus of vegetables last season, but sold only £5 or £6 worth. The four cows had been buried without skinning by defendant’s permission. The shed was a temporary structure and removable.

Mr. North argued that the shed was a permanent fixture. The magistrate said that th© plaintiff’s evidence as to th© shed was supported by two builders and he must hold against defendant on the claim for £3O. As a sharemilker plaintiff had no right to make a profit out of defendant’s land and defendant was entitled to recover £4O. In respect of the cows’ hides he would allow defendant £3. Plaintiff would recover £l6 18s lid as confessed, and defendant would have judgment for £43 and costs. Mr. Chrystal asked the magistrate to fix security for appeal, and he made the amount th© difference between £l6 18s lid and £43, with £lO 10s costs. MANAIA FLOWER SHOW. EVENING MUSICAL PROGRAMME. The Manaia spring flower show held by th© Presbyterian Cfliurch on Wednesday was brought to a successful conclusion with an excellent musical programme, the principal items being contributed by a convert party from Hawera. Mr. C. Lamb sang “Serenade in Summer” and “Take a Pair of Sparkling Eyes,” and Mr. Eade sang “The Vagabond” and “Requiem.” Mrs. H. G. Gyde sang - four numbers, “Come to the Fair,” “Love’s Own Sweet Song,” “Angus McDonald” and “Heaps of Liekin’s.” Th© vocalists met with a popular reception, all being recalled. Mrs. L. A. Taylor played the accompaniments. An amusing sketch, “The Boy Comes Home” was presented, gripping the attention and interest throughout. The characters were portrayed as follow:— Uncle James (Mr. L. A. Taylor), Aunt Emily (Miss Matheson), Mrs. Higgins, the cook (Miss Ingram), Mary, the maid (Miss Bolton), Phillip, back from the war (Mr. Cowie). At the conclusion the Rev. R. Miller expressed thanks to the artists for their assistance. The proceeds of the day amounted to about £l5O, or a few pounds less than last year. “WHY SAILORS GO WRONG.” HILARIOUS COMEDY AT MANAIA. “Why Sailors Go Wrong” is one of the most hilarious comedies to be shown at the Empress Pictures, Manaia, this year. It will be screened to-morrow. The story starts out in a big city where two pals, one Jewish and the other Irish, are shown as friendly competitors in the transportation business. Sammy drives a broken down taxi cab and Mac a rattle-trap hansom with an odd. White nag for motive power. Business being slow, the boys decide to help two lovers in distress. This takes them on board a palatial yacht where they ar© shanghaied and made to swab decks and peel potatoes. These distasteful duties are interrupted when the craft is wrecked and the entire party cast on a desert island inhabited by cannibals, hula girls, monkeys and other jungle denizens. It is here that the fun begins and one comic situation succeeds another from stepping on lions’ tails to being fought' over by the jungle beauties. Sally Phipps and Nick Stuart make a charming couple in the feature roles and the comedy team is composed of Sammy Cohen and Ted McNamara.