BUILDER’S CLAIM.

Waikato Times, Volume 97, Issue 15271, 22 June 1923, Page 4

BUILDER’S CLAIM.

HOUSE AT HAUTAPU,

A claim for £523 7s 6d was brought by William James White, builder, of Cambridge, against James and Miran a Sarah Taylor in the Supreme court Hamilton, to-day, before his Honor Mr Justice Herdman, and a jury’ of 12. Mr E. H. Northcroft, instructed by Mr Lundon, appeared for plaintiff, and Mr V. R. Meredith, instructed by Mr Gascoigne, for defendants. Plaintiff, in his statement, set out that iu May, 1921, he agreed to erect a house and outbuildings for defendants on land owned by James Taylor, at Hautapu- It was mutually agreed that plaintiff should provide all labour and material, and the defendants should pay the full cost of the materials and labour together on a remuneration of 74 per cent,calculated on the cost of all material and labour. The totai cost of the material and labour was £3OIO 11s 9d, whereof defendants had paid £2713, leaving a balance of £297 11s 9d still due on these items, together with £225 15s 9d as the 74 per cent, remuneration. The defence set up by the male defendant was that if there was any contract it was between plaintiff and Miranda Sarah Taylor. The female defendant admitted a contract, but said the total cost of the buildings was to be £2OOO. That when the building was well on the way to completion, 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. Qefendanl, therefore, agreed to increase llic sum by £SOO. After the completion of the work he represented that the total cost had been £3236 15s, or £736 15s, in excess of the sum agreed upon. At no time did she authorise or agree to any increase of price above the £SOO mentioned, nor did plaintiff ever apply to her for an agreement to a further increase in price. Lengthy expert evidence is being taken-' The case was unfinished when we wont to press.