BUILDING DISPUTE

Waikato Independent, Volume XXIII, Issue 3075, 26 June 1923, Page 5

BUILDING DISPUTE

A CAMBRIDGE CASE

WHITE V. TAYLOR A claim for £523 7/6 was brought bv Win. James White, builder, of Cambridge (Mr Northcroft) against James and Miranda Sarah Taylor (Air Meredith), in the Supreme Court,-Hamilton, on Friday last, before Mr Justice Herdman and a jury of 12.

The plaintiff said that in May, 1921, he agreed to erect a house and outbuildings for the defendants on land owned by James Taylor at Hautapu. It was mutually agreed that the plaintiff should provide all labour and material ami the defendants should pay the full cost of the materials and labour, together with a remuneration of 7-1 per cent on the cost. The total cost of the material and labour was £3OIO 11/0, whereof the defendants had paid £2713, leaving a balance of £297 11/9 still due on these items, together with £225 15/9 as the 71 per cent remuneration.

The defence set up by the male defendant. was that if there was any contract. it was between the plaintiff and. Miranda Sarah Taylor. The female defendant admitted a contract, but said the totfil cost of the building was to be £2OOO. When the building was well on the way to completion the plaintiff informed her that he had made a miscalculation as to the cost of the work, and that he could not complete the job under £2500, but that he would complete the work for that amount. The defendant therefore agreed to increase the sum by £SOO. After the completion of the work he represented that the total cost had been £3236 15/, or £736 15/ in excess of the sum agreed upon. At no time did she agree to any increase of price above, the £SOO mentioned. Lengthy expert, evidence was called. The case was not finished, and the hearing was adjourned until Monday.