BUILDERS IN COURT.

Gisborne Times, Volume XXIX, Issue 3193, 12 April 1911, Page 7

BUILDERS IN COURT.

THE PRICE OF' MATERIAL.

judgment for plaintiffs

In the Magistrate’s Court- yesterday afternoon Mu\ W. A, Barton, S.M., gave -his decision in the case of Black Bros (Mr. L. T. Burnard) v. Peter Augustus Johanson (Mr T. A. Coleman) which was as follows: The plaintiff claims to recover from the defendant the sum of £56 4s lOd, for timber supplied and cartage for some. Defendant has hied a conlession for the sum of £2O 12s'3d, and disputes his liability for the balance both as to price and delivery. The questions, therefore, which I am called upon to decide are whether delivery has been proved, and l also whether the prices charged are in accordance with the agreement entered into between the parties. lam of opinion in all the circumstances that delivery lias been proved. From the evidence it appears that plaintiffs- are not in the habit of taking receipts for timber delivered by them, and that other timber merchants in this town do tlie-ir business in a simliar manner. If that is so I can only express my opinion that the sooner they alter the system the better for all concerned. Had ireceipts been taken in the present case a very great deal of time and trouble would have been saved. In reference to the prices charged far the timber, Walter Black, one of the plaintiffs, says that defendant came to him. in November last and asked for quotations of the prices of different classes of timber, which lie gave him, and it was subsequently agreed that defendant should be supplied a,t those prices and it was supplied at the rates agreed upon up to January 31st, when the Timber Merchants’ Association, of which plaintiffs were members, agreed upon prices to be charged for timber in this district. Mr. Walter Black, says that he notified the defendant of the of prices before February Ist, from- which date he was supplied with timber in accordance with the prices fixed by the Association. Defendant denies having been notified of the alteration, but I am of opinion that he was so notified. There is only one other matter to which I need refer, and that is the amount paid by plaintiffs and charged against defendant for cartage. The evidence of Walter Black is that they paid 4s per load to-each carter, and the evidences proves that to be correct with one exception, namely, in respect to the carter Hargraves, who is shown to have canted eight loads for which he was paid by plaintiff 3s 3d per load, and not 4s as claimed by plaintiffs. Defendant will therefore be entitled to a credit of 6s. Judgment will therefore be for plaintiffs for the amount claimed, £56 4s lOd. less credit 6s, and, costs £l2 ss.