RESIDENT MAGISTRATE'S! COURT.

Taranaki Herald, Volume XXXI, Issue 4462, 3 October 1883, Page 2

RESIDENT MAGISTRATE'S! COURT.

Tuesday, October 2. — Before C. E. Rawson, Esq., R.M., and T. King, Esq., J.P, DEFENDED CASE. W. Courtney y. Southy and Willy. Claim. £4 2s. for loss and damage sustained through tho default of the defendants in the delivery of certain timber for the flooring of the Freemasons' Hall. Mr. Samuel appeared for tho plaintiff, and Mr. Govett for the defendants. W. Courtney stated : I am an auctioneer and lessee of the Freemasons' Hall. On the 17th March, 1883, I wrote a letter to defendants asking them to quote the price for some timber 1 required. I got a reply stating"they would deliver at tho station for 12s. 6d. per 100 feet. I sent a letter ordering the timber, but the timber was not delivered for more than a month. I had made arrangements with Mr. Motllin, who had taken a contract to do the flooring of the Freemasons' Hall. I received about 950 out of 1,600 feet I had ordered. I had to get timber elsewhere, as the old floor had been taken up. There was no particular time specified for delivery in the negotiations for the sale of the timber. Arthur Mofflin, builder, stated that he took the contract to re-floor the hall. He understood the timber was coming from Messrs. Southey and Willys mill. The job took four days. After he had commenced the job he found it was necessary to purchase other timber, as Messrs. Southey and Willy had not forwarded the timber ordered. He did not undertake to do the job in a specified time. He did the job by private contract, and not by tender. Herbert Southey stated that he considered six weeks was a reasonable time to supply the timber after he had received the order. He did not know that it would entail Joss to plaintiff, if so, he would have forwarded some timber from Hawera. They executed the orders as fast as they could at the mills. His Worship, having heard the evidence, reserved judgment.