IN QUEER STREET.

Temuka Leader, Issue 7330, 7 June 1913, Page 3

IN QUEER STREET.

SHAW iIANKEHPTiCY ECHO. ,

CLAIM J'OJi £2OOO. ‘ | One of the most' .extraordinary of civil cases came before the Supreme Court, atidi'inaru, -.yesterday, when flail and Sons, (builders, claimed' against i',. T. Costello for ’.the sum. of ill 1)1)8 12s -Sd. tiie agreed'price lor erecting .buildings knows- ns Man-' king’s buildings.^ Air 8. Raymond and Mr Campbell appeared , for 'tile plaintiff, and Mr Stringer, K.C., and Mr Kolleston lor defendant. The case was extraordinary by reason of the; .large sum involved, which was alleged by the defendant to have been paid, and ,by the plaintiffs to have not been paid. BTATEM ENT .Oh) CLAIM. Iho statement of claim was as follows ‘ 1 (1) liy. agreement dated 14th May, 1912, the 'plaintiffs agreed to erect for defendant certain shops in Stafford Street, -Thnaru, for t-he.sum 6f ,£1661. (2) The defendant agreed to pay to the plaintiff the said sum of.Xl&tylor such other sum ns should become Payable under the agreement. (d) The plaintiffs had completed the said shops and had been furnished with defendant’s ..architect’s certificate; 1 showing that ..•the-; sum. payable under the said agreement is -£1998 12s'5d. ' (4) The plaintiffs had made demand for payment of the said sum of £1998 12s 3d, but it had not boon paid. Plaintiffs prayed judgment for—(a) Payment of £1998' 12a Sd; (b) " the costs of and incidental to this action, and (c) such further and ’ other relief as tlie Court considered" them entitled to, . , STATEMENT OF DC PENCE, ', -The< statement of--defence: twas, inter alia ' (1) That he admits the fdlogations contained in paragraphs .1,-2 and 3, of the claim'. , (2)., That,, .lie. .denies : thy,.allegation contained in- - paragraph -, 4, and says , that the- sum of £1998: 12s 5d therein mentioned was fully paid up. (3) That in and prior to May, 1912, the defendant and Walter Shaw were owners- in equal shares as tenants in common of the parcel of land in certificate of . title ■ volume 1,-folio 111, Timaru. (4) That on the 14th Ma\J 1-912, the defendant and -Walter- Shaw entered into the agreement mentioned in paragraph 1 of the claim. ~ (5) That on various dates ■ between Juno 1913 and -February 1913, the said Walter Shaw paid plaintiffs money amounting in the whole to more; than i‘2i'!oo, and it was agreed between plaintiffs and Walter Shaw (acting on behalf of defendant and himself) that these moneys so paid should be and were appropriated in payment of moneys payable to plaintiffs iin-dcr the agreement of 14th May, 1912. Lengthy evidence was' taken,, winch went Jo show’ that ShaW (the defendant’s , partner) was very much m difficulties at the ■ time-of the'trails: actions, and that -the'-Affairs ; of hia clients .wens .in a' very'muddled, condition. The' cak6- wdlUbit resumed to- , dhy. • ‘ ’ •