A CLAIM FOR ARCHITECT'S COMMISSION.

Wanganui Herald, Volume XXX, Issue 8991, 24 October 1896, Page 4

A CLAIM FOR ARCHITECT'S COMMISSION.

T. B. Jaoobsen v. J. Brennan.

The following evidonce wis taken after we wont to press yesterday : Peter McEinnoD, contractor, stated he was the original contraotor for Brennaa's Hotel. Had oentin a deposit with bis tender. Eesigned his position as contractor, but not owing to the nlans and specifications being fnulty. The plans and specifications were in detail and easily worked from. Bemembered setting oat the building; laid off the ground with the bricklayer, Jneobsen and Brennan being pieient. (Witness described what was done). Could not get the St Hill Street line to go square from the corner and they had to bring it in froine 7, 8 or 9 inohes. They squared it. lhere was much discussion about the boundaries and it was ultimately arranged to go on wit'a the pegs as witness had placed them —making the building right angled with the Quay. When Adams camo they went over tho ground aeain and checked it. When he first went there thought tV» St Hill Street side was at right angles with Taupo Quay. When he found they weren't Eqlure thought pßrhaps a mistake had been made with the pegs. He had eventually Eet oat the lines of the building. Allowed for projections, working to the plan produced. Tha building pamn in clear of the pegs altogether Kemambered tbe specifications being stolen, Someone came ti his house the night bafore they were found aad asked what he (witness; would give for the specification". The people were tho two Gardiners. Told them he didn't want them and thought they ought to be taken to Sergeant Gullen. Mever saw Jaoobsen worse for liquor during the contract. Had heard Jacobson was not drinking at all .while the contraoG was on. Cross-examinad — Was a-vare of lj per cent being allowed for architect's plans in the tender. Did not know whether Brennan knew of it. Could not say whether this particular portion of the coD-'itions was read ovor to Brennan. Brsonan seemed honeEtly astonished at witness haying to pay ,>acobsen .£35 for tracings. Belived he had tjld Brennan he wished to give up the contract ai he wwhed to got out of tbo hands of Jacobsen, with whom he could not get on. Jacobean would not allow Murray t« go on with tbe cellar as he (witness) wished. The outside walls were not laid out when he left. Spoke to Jscobsen about getting his deposit cheque of ,£7O back. When he got tbe deposit baok paid Jacobseß £35 odd for detailed plans. This was immediately after signing the contract. Be-eiamined— Tbe alteration in joists was marked before or at time oF signing the contract, Jacobsea interfered with the cellar work. Dil not consider Jacobsen or Murray knew how to sink the concrete work. Had said he made a mistake of .£Bl in his tender, and also that if Mr Brennan cave him another JHOO he would go on with it. One of the resaoni for his throwing up the cottraot was this mistake, and another was because of Jaoobsen, interfering. ' By the Bench— Told Brennan that the reason he give up tht contract wai because he had a mistake of £81. Bemembered all the printed general conditions were read over. Would swear that the written one was not read over in his presence. The court adjourned at 12,40 till next morning at 10.20.