THE CONTRACT CASE.

Gisborne Times, Volume XXVI, Issue 2228, 27 June 1908, Page 2

THE CONTRACT CASE.

JUDGMENT FOR PLAINTIFFS,

The hearing of the case of Alfred Wade (Mr. T. Alston Coleman) v. Malcolm Hovil Strachan (Mr. G. Stock) and the Official Assignee in the estate of Chambers and Keam, bankrupts (Mr 1 . E. W. Nolan), a claim under tho Workmen's Lien Act for £53 Os Id, being the amount of a subcontract carried out by plaintiff at, Mr. -Straclian’s station, at AVaimata, in connection with u contract entered into by Messrs Chambers and Keam, was resumed at the Magistrate’s Court yesterday, -before Mr. W. A. Barton, S.M. Mr- Coleman stated that he was. prepared to call plaintiff to prove his claim, which was a liquidated claim, and was not disputed. His Worship saw no objection to judgment being entered up. Mr. Stock stated tha t lie had no obicotion to this course being followed, and judgment was given for the Ellin tiffs for the full amount claimed, -osts were not asked for.

In the case of Joseph- Dixon Tustin (Mr. T. Alston Coleman) v. ilie same, a claim to recover £55, being the amount of a. sub-contract for painting and paper-hanging, judgment was also entered for* . the la-m----ount claimed.

The hearing of the claim for a rebate of £ls on the money paid into Court was then taken. This claim was made for carting alleged to have been performed by Air. Strachan for the contractor.

Mr. Stock .held that his client u'as entitled to deduct any money due to him by the contractor as a set-off against the contract money. Counsel quoted authorities in support of his contention, -and said that the only question was as to whether when- the money had beeii paid into Court it coiild ; -be withdrawn.

His Worship said that this could only bo done when- a proper set-off had been filed.

After hearing further argument, His A\ prolnp reserved his decision.