A CLAIM FOR ARCHITECT'S COMMISSION.

Wanganui Herald, Volume XXX, Issue 8988, 21 October 1896, Page 2

A CLAIM FOR ARCHITECT'S COMMISSION.

T- B. Jacobsen v. J. Brennan. Th* following evidence was taken affcaf ire w?nt to pro-« yesterday :— B. Davit w« examined at grout length, 18 to the d >cml< of the plans, work, etc., tnd in conclusion said that on the 23rd March, at Jaoobsen's request, he wrote ;he following letter, which at the time of ftndering he believed to be correct:—" Io Miswerto your inquiries re your plans tnd specifications, everything is shown »nd specified that any practical man can understand to tender by detail, In fact tnere is a deal more than we generally get in," By the Bench— He wrote the letter at Jacobsen's request, because at the time he believed it to be correct. Jacobaen dictated the letter to him, and witness wrote it down. Altered the fire escape nt Mr Brennan's suggestion. Did not make any inquiry when tendering as to the nature of the ground at the cellar. Assumed everything would be all light.' Robert Sharpe, contractor, had some experience in concrete work, and was employed when MeKinnon had the work in hand. The cellar work was under let to Mr Murray, witness looking after it on be* half of Mr Brennan. The cellar would have been excavated abont 7ft. The footings were put in, and considered they should be, The wall was not finished when witness "was there. A portion of the floor right round was laid when witness was there. Six or seven casks of cement ware pat in when witness was there. Mr Jacobsen cams on the morn* ing after witness was put there by Mr Brennan. Witness was down the cellar, and Jacobsen asked him what he was doing there with his dirty boots on. Witness replied 'that he would not apeak to him in tbe state he was in, and added that Sir Brennsu hid pat him (witness) in charge, and that he (Jacobsen) had nothing to do with it. Bemained then eight days. Mr Jacobsen came off and on. When the contract was throwri'up witness left also. Mr Jaoobsen bere put in a letter written , by him to Brennan objecting to Sharps ' • walking on the concrete ' with muddy boots, and stating that as architect he held him (Brennan) responsible for any leakage in the cellar. Cross-examined— Was employed to look after the concrete work by Mr Breonan, who said ho was not satisfied with the work Mr Jaoobsen was doing. Mr Brennan did not read a letter to witness from the architect complaining of witness, walking on the cellar floor. Did not complain to Mr Jacobsen that be had been discharged from Brennan's through, him (Jacobsen) writing to him. Eighteen inches of concrete were put in, and then ' the walls were pnt in. It had not been raining very much v when witness was working there. Was a gardener 24 years ago, a oarpanter 14 years ago, and a con- ' tractor seven years ago. Had pnt up a cellar at Westmere, and had alio made a concrete tank at Marybank, bnt had not erected any buildings. Simon Eiohards, labourer, was .engaged by Mr Jaoobsen after McKinnon threw up the contract. '.The walls were two feet high when witness went on, and were resting on a base— part of the floor. Tha ' wall* were finished before the floor. The floot was a mass of mad. The day nad never tumbled in. The depth of the excavation was about eeven.feet:' The ground was level, and old bricks were thrown in to a depth of four inches. Sacks were also put over the bricks to keep .the cement going in the mud. The water ~ came right through the cement. The cellar was finished before Mr Davis cams. The boxing was removed, and next day tbe wall bulged. Had 20 ye«rs' ex-" perienoe in cement. When Davis came he put stays to and under pinned the • walls. Mr Jaoobsen was often on the works. Mr Jacobsen was there most of the time, Cross-examined— Remembered picking off the floor at the base of the walls, * Some mud was taken oat of the cellar. Witness did not see any mud from, the cellar thrown in the slip. If mud was ' thrown there it woW be a foolish thing. By the Bench— He thonght the, bales was to be attributed partly to the . slip and partly to the stays being taken 'away too soon. Cross-examination continned — Jacobsen told him how far to go. with, .the , underpinning, bnt he did, not remember, Jacobßen going down in the Blip and feeling to ascertain the depth >of the cavity. They kept on digging until Jacobsen told them to stop. Witness believed that Jaoobsen was on the work moat of the time that witness was work* .' ing there. Witneßs'was there 1 when the , underpinning waß put in on Sclandera* side. i Mr Pitzherbert pointed ont that the underpinning took ten dayp, and witness waa there only two days. ' ■ Cross-examination continued — Witness ■was not there when the building was laid but. ' ' Patrick Qrogan, carpenter, said he was engaged on the work at Mr Brennan's new hotel. He went there on the 10th April and continued nearly five months. > He noticed Mr Jaoobsen on tha works five , or six times during that time, and on one -. oooasion be noticed that he whs, well, not.; drunk, but very near it. He was very violent, and told Davis that he would not leave the sluds that were up. Cross examined — The studs that werr put up were 6 by 2, t By the Bench — The matter he complained abont was within his province, but he could have complained in a better manner. His manner to Air Davis was very violent. , He only noticed Jacobsenthe worse for liquor on the one occasion, * and did not remember any complaint, being made by the men, Ke-examined— He remembered. Jacobsen wanting to borrow money from ' Davis. At this stage the Court adjourned until 10.30 next morning. The Oourt resumed Ms 10,80 this (Wednesday) morning, MrlKtzherbericoatinning the oisa for tho defence. Joseph Byan, labourer, had been working on the cellar, and reoeived instructions from Me Jaoobsen to throw the sluah &t the back of the wall. Cross-examined —Waß sot there at the start of the cellar. Worked on the contract for two months. To the beat of his belief. Mr Jacobion wai muddled at times on thfl eontraot. The water in the oellar oame through from springs. Jncobien atfint gave tbe order to thiow the slush over the wall, and then ooinplained that Mr Brennan had instructed the slush to be thrown there. Was at preient staying at Brennan's. Did not remember meeting Jacobieo at the Bed Mon Hotel on Friday, 28th Aaguifc, and stating that Brennan expected him (witness) to bo the principal witness for him. George Affleck, oarpentor, went on the eontraot when Mr Davis took oharge, and gare evideere as to the timber not fitting the foundations in St. Hill-street. Cross-examisod— Had been on the building e-b»ut fire month*. Had never been drank on tho works, left of his own acoord to go to' the Marfcon raoos. Would not •wear there was any timber on ths Bth of May. The roof was let out by Qrogan and Davis, This concluded tha caie for the defence, and tbe plaintiff, who had been conducting his own cue owing to Mr Cooke's inability to hear the evidence, gave evidence on oath. With regard to the cellar, witnen w»« of opinion that footings were not necessary under the walli other than was there at preient. Prepared plant for a rectangular building, and assumed the land was square. Brennan said ' Keep the building back ; I am paying for it and will have it where I like.' Ho referred to the laying out of the foundations in St Hill Street, When Adams was setting it out they found tbo street not at right angles. Adams did tha whole of the setting out, Waa not preient all the time and did not obeok his work, as trusted to Adami ; it win not usual for an arohitect to check. Did not alter the plant after discovering the land was not reofcangular. Told Brennan he thought the plans would need altering, bnt after inrrey by Atkins found there was an obtuse angle. Was not responsible for the alterations made to the kitchen, and considered his design for chimney a proper one. Disputed the alteration to the window. Admitted there was an encroachment of 4in, but that was Adams' mistake. Tho witness also disputed any responsibility for the other items in the oontra acoount (^BI6O odd) pot in by defendant