BUILDING DISPUTE

Taranaki Daily News, 30 March 1935, Page 9

BUILDING DISPUTE

CASE OF SALAMAN AND GIFFORD. HEARING OF THE EVIDENCE ENDS. Further progress in the hearing of a claim and counterclaim in respect of a building construction dispute between James Gifford, builder, Vogeltown, and A. W. Salaman, herbalist, New Plymouth, was made in the Magistrate’s Court at New Plymouth yesterday, when the hearing of evidence was concluded. The magistrate, Mr. W. H- Woodward, adjourned the case, intimating that he would inspect the building, which is in Gill Street. Counsel have yet to address the court. Gifford claims £37 14s lid for work done and materials supplied to Salaman to September 20, 1934. Salaman’s coun-ter-claim is for £4B for alleged, breach of contract, faulty workmanship and negligence, £33 of the counter-claim being in respect of alleged negligence in erecting the western wall of the building on adjoining land. The cage ha? been adjourned several times since the hearing began , in November, being adjourned last time five weeks ago to permit of the attendance of two further witnesses. Mr. C. HCroker is acting for Gifford and Salaman is represented by Mr. H. R. Billing. When the hearing resumed yesterday Mr. Croker called two witnesses in rebuttal. W. Middleton, solicitor, stated that when he was handling the case the question of the wall being four inches over the boundary was not raised. H. V. S. Griffiths, architect, said that the existing wall had not given the appearance of being anything but correct, his evidence being called to suggest that Gifford was justified in assuming his action to be correct. At the conclusion of the evidence the magistrate agreed to Mr. Billing’s suggestion that he view the building concerned.