A CHEAP HOUSE.

Star (Christchurch), Issue 16892, 17 November 1922, Page 7

A CHEAP HOUSE.

CLAIM SETTLED BY JUDGE. A dispute between AN illiain Dernarc Browne and Elijah -James Cookslcy builders. and -Mary Ann Worsfold, ore the erection of a house at Bromley was settled' by his Honor Air .Justin Adams in the Supreme Court to-day Browne and Gooksle.y had sued Air Worsfold lor the sum of £216 12s, balance which they el aimed was dm on the contract to build the Spouse They said that they were givou in structions to build a house as cheap I; as they could. Airs Worsfold approv my of the plans. She contended tha the final arrangement was that tin cost was not to exceed £3OO, w hiel was to include everything. She hat paid £66 into court and that sum added to a sum paid before the isstu of the writ, brought the total payments to £302. His Honor said that there was n< written contract and plaintiffs had fail ed to satisfy him that the terms wen as alleged by them. They said chat i number of extras were ordered and sup plied while the work was in progress but that was met by a categories, denial by Airs Worsfold- His Hone: was urn satisfied that any of the item: mentioned were extras. Regarding the question of ,the con Ha vent ion of the Heathcote Count: Council's bv-lnw raised at the hearing plaintiffs, in the erection of the build ing. committed the breach of the bylaw and ignored the note of the en gineer on the plan. Whether that wn clone by design or carelessly did no appear, but his Honor did not thin' that it affected the validity of the con tract itself. In his opinion, however plaintiffs by undertaking to prepaid the plans and to carry out the work undertook ak% to comply with the bylaw. They were liable for any loss from non-compliance. Airs Worsfolc could not now dispute liability for am part of the £'66 which was payable tc plaintiffs. She. however, was entitled tc judgment. Plaintiffs were entitled tc costs on the lowest scale up to the date of payment and Mrs Worsfold was entitled to the costs of the action sub sequent to payment. Mr J. T?. Cuningham appeared foi plaintiffs and Mr A. T. ATalley foi defendant.