ERECTING A FENCE.

Gisborne Times, Volume XXX, Issue 3526, 17 May 1912, Page 2

ERECTING A FENCE.

FOR 15s A CHAIN

WAS IT A GOOD JOB?

Before Mr W. A. Barton, S.M., at the Magistrate’s Court yesterday, William John Stewart and Bert Neale (Mr Burnard) claimed from David JGumming, of Matawai, £24, the cost of erecting a fence at 15s per chain. Air Burnard said that tiro quality of the fence was disputed. He would call evidence from the district to show that the fence was the ordinary reasonable fence to be seen in the district. H. Tyrman gave evidence to the effect that the fence was a good one and worth the price claimed. _ W. J. Stewart, plaintiff, said that, during February,, defendant- asked him to erect a fence. No agreement was made, defendant station- that he wanted a fair thing. Plaintiff agreed to do the fence at 14s 6d a- chain, and the price was subsequently altered to 15s. He started the fence m March and defendant came Oil to the job when 24 chains of fencing was erected. Defendant condemned two batons, which were lying on the giouncj. and witness replaced them. A week later defendant said lie could not pass the fence, as the batons were too small. Plaintiff claimed that the fence was a good one. He ltad. constructed similar fences in the distuct. To Air Coleman: When the arrangement regarding the fence was made at Matawai there were present, detenclant-, Neale and witness. The price finally agreed on was 15s. 4he posts were got a quarter of a mile ava,y, and the nearest batons were ! or o chains away. He thought that the batons produced in Court were; suitable ones. The fence was not lazily constructed- , , , E- Deally said lie had made a caicful examination of the fence, which u as a good, substantial one, save for four posts and four or five batons. lac fence was equal to the ordinary one in the district. Four of the six batons produced were thoroughly suitable foi fencing. , ‘ - , -, To Air Burnard: The fence erected was worth £1 a chain, in the district. E. P. Fisher, farmer, of Alotu, said he iiad done a considerable amount of fenoino - during his 18 mouths’ residence "there. The fence in question compared favorably with those in the district, although two or three pests were rather light. A better fence could not he erected for 15s a chain. He did consider anv of the batons produced, fit for a- fence. On his own property he had several fences no better than the one in question. lhe fence in question should last for eight Coleman contended that he had made it sufficiently clear, f rom his line of cross-examination that the fence was not a- good one- Defendant was prepared to pay for the fence what is was worth to him and estimated its value at £l2. D J. Gumming, defendant, said that 14s per chain was first agreed on for erecting the fence and later, when, he found that trouble was being experienced in getting posts, lie gave them an extra Is per chain. A very bad job was made of the fence, the batons being defective and the posts small. Trees were left hanging over the line, and stumps were left close to the fenceline The posts were infirm and sevral broke when he tested them. A. Blair, a farmer* who has lived at Mat-aval for some time said that the fence was too light, badly erected, and practically valueless-. A considerable- number of posts needed renewing. To Air Burnard: He had done no fencing in the Ipcality apart n-om that on his own property. B. AlcKenzie, sheepfarmer,. ol Alatawai, said he had lived in the district for eight years. He would not leave batons similar'to those produced on his fence. Only 25 per cent, of the posts in the fence- in question were sound. To put the fence in order would cost 7s or 8s per chain. To Air Burnard: He considered that lie could earn good wages fencing at 14s per chain in the Alatavai district. A. Smith, farmer, of Rakaroa, said that before going farming lie had been a contractor for erecting -fences for ten years. The fence in question was badly constructed, and much out of line in some places. It- would take from 7s to 7s 6d per chain to put the fence in good order. His ' Worship said that he Was of opinion that plaintiffs had not fulfilled their contract, and he gave judgment for £l2, half of that claimed, each party to pay his own costs.