APPEAL FROM JUDGMENT

Taranaki Daily News, 23 May 1934, Page 12

APPEAL FROM JUDGMENT

CLAIM MADE BY SHAREMILKER. RESPONDENT’S ESTATE TRUSTEES. An appeal from the judgment of Mr. W. H. Woodward, S.M., was heard by the Chief Justice, Sir Michael Myers, at the Supreme Court, New Plymouth, yesterday. The appellant was Thomas Richard Waite (Mr. W. Middleton) and the respondents Thojnas Wright, Okoke, and Mrs. H. F. Blundell, Tirau, trustees for the estate of the late W. B. Colson, late of Okoke. His Honour reserved his judgment. The circumstances of the case are that Waite had a sharemilking agreement on a farm owned by Colson’s trustees, Wright and Mrs. Blundell. Disputes and differences arose between the parties as to work, and the employment terminated. Disputes arose upon what each party owed the other, the trustees claiming deductions for damages because .of work allegedly not done. The parties could not agree and had recourse to law. When Waite first sued, the defendants, now the respondents, took a technical objection to the claim and a non-suit was granted. Waite subsequently issued another summons, this time on an alleged account stated. The magistrate held that it was not an account stated and gave judgment against Waite. It is from this judgment that the present appeal is made. The amount claimed is £BO 3s 7d.