DISTRICT COURT, REEFTON.

Inangahua Times, Issue 94, 18 September 1878, Page 2

DISTRICT COURT, REEFTON.

XUfISPAY, 17TH i;ji!CHMI)Rn, IW/O. (Boforo His Honor Judgo Woston.) Sviith v. WifiiiUMS. Tin's was an notion to rcccvci' tho s.u*n of £03 Us. Mr Moss for plaintiff, Mr Roid for defendant. Tho following cvidonco wns called :<— Chnrlos Smilh—Dofundnnt ia tho con trnotor for tho Black's Point nnd Crush* jnglon Pond. I was a Hub-oontrnctor under undor him, and produco an agree ment onterod into between us. Cnrmo, Caird nnd Silrny, wero parlnora with mo in tho contract, About a woek aflor tho contrnot wnHentorod into wo bought Caird out for £3 10-i. Two or throo months later wo bought out Carmo for tho sum of £10. Subsequently Silray loft, Iho work. Mad no particular conversation with Silrny hoforo ho left. Did not on tor into any agro<?mont with Silrny 5 ho said ho did not think tho work would pay nnd throw it up, There was only ono agreement made. After tho ngroomont wa« oulcrod into Williams said wo should have tho samo latitude as to timo ns was allowed him. by tho Council, Wo woro working fivo months on tho oontraot, and tho woalhcr wus very sevoro, I hnvo had twelve men working altogether, and an average of fivo or six. Sborily beforo tho completion of tho work heard complaints about Iho work } this would bo about July. Roccivod two noliocs from tho defondant, Tlio Ins 1 / nolico wns dated 27th Angudt. In tho latter pnrt of July dofondunt put mon on my oonlruol, and kept them on for a week or (en days till tho completion of tho road, 1 wns never ordorcd to stop woik nnd did not stop until I thought tho work was completed. Williams' men wero working with mo ; I hnd two mon bosich s myself o'i the rood ; could not get more mon to work on Ihe contract on account of Iho fiovcre weather. Tho section was tho heaviest; on tlio line. Tho length of road wns ID chains 15 links, and tho cribbing 3 chains, I'jl. links, tho Connor nt £0 nnd tho Inlicr £35 per chain j tho nmount Btiil duo to mo is £93 11* 4d: Heliove a cc tiflento hn»bccngivon passing tho work. Dclenc'nnl h»s filed a 8ot>o(T in which ho cl>iims certain sums. £2 wus a private lonn from Williams to Sihviy, the <l» Gd I know nothing of j tho storo account £38-.Ui* I boliovos inoludos tlio privnto ncco'inlK of Silrsiy nnd others. My store nci'ount h£\s. I do not know why defendant eliiims credit for tho hloco no count. I never uskod him to pny it j £2 for repairs to wator^rnoo wi\h for injury Williams' men did to tho race, Croos-cxamiuod—l bclicvo Silrny wns the firfll/ to Bpe«lc to Williums üboui tho contract. Ouird waft tho first who spoko to mo about it. Bolioro ihnl. Silray nmdo estimates | Iho prico whs flxod in my pre-« sence, Tho. contract was 1.) hnvo boon complclod in t<Mi weeks ; T nm not .uvnro that Willinms approved of Iho work hoforc ho took it, ovr.T. Knew Iliat Willinms had obtained extension of timo having seen it in tho novtspupor. Nevor asked Willinms whnt extension of timo ho got. At llio timo of my taking oyor tho contract, Williams hud tliivlocn wooks to run, namely up Ic U.lO 21U) Juno; I had eight or ten weeks more than I bat ; on thd 18th August Iho work was not passed by tho contractor, but I considered it finished ; hu told mo I hat ho would finish it, nnd put eight or ten mon on to work; rccoivod nolico from Williams ou Iho 24ih July. Will not flwonr ihnl Silray did come to mo on iho 23rd July nnd toll mo that WiN linms intended to tnko tho work out of our Imnds, nnd put woro men on. Sjlroy npponrod rjuito iiuliflb cnt about tho mnltcr ( do not romumbor his rcoominoudiug that Willioma tako over tho work,

By his Ifonor— l did not know that Si'ray wafl leaving until ho left ; I aftorwards rooiv'od ft lollop slnling whoro ho would ho found ; I stiflffosted to William* that if ho would pay my dobts and Rivo nio atriftol would leav* tho oonlrael, but ho rcfusoclt Wo wero not vofuacd goods at thostoro. Wo vronfc togoihor to Wil* lioms' houno and ho aslcod us to go to Oxley'R j wo went thcro and Silray loft to fetch Williams, nod thoy roturnod tc ROthcr } I was snlooting somo tools at tho time ; heard Williams fifty " Thoso men aro going to work for me givo them what they want." I did sweat in tho MagiHtralc'H Court thftt Willittirig did not guarantoo our storo acoount, because I did not consider it as n guarantee, It was not our dosiro to deal with Oxlcy as wo wished to deal with Ramsny j will hotswonrthio Willinms did not 101l tho storcman that ho would bo responsible for ouv goods. I wns atunding by tho counter and did not hoar htmsoy.SA. Tmo second party of mon was put; on bofrro tho 12th August. Tho mon woro not employed coiitiuously by Williams. Aloxundor Ouird-^I signed Iho agroo« mont, and was ono of tho contractors, I sol ■} out after kovou djiys. I was ono of thoso who Wn'ffbr goods. VTillinms and Leslie proposed ,lh«t .wo should go to Oxloy's snying that they wishod us to I doal thero ; novor authorised Williams to guarantee our ucoouivr. CrosH«cxaminod,-'I was not satisfied with tho pnrty and that's tho principal ron son vvhy I loft. Nicholas Oarmo , was called and gavo corrohorativo evidence. This dosed thooaso for tho plninlilT. Mr Roid having openod tho caso cnllod tho following ovidence. Chnrlos Silray — T was nnd am one of tho sub-contractors of tho Black's Point roadI was not cognisant Hint these proceedings had bcontukon (ill Mr Williams onmo to mo; I took iho iniliativo in got. ting the contract up j I mado tho estimates and after I hud dcoidod tho prtoo I was introduced to sovoral persons, and wont with them to Williams ; Smith was proRent : (en wocka was tho time fixed for tho completion of our sub-contract with tho proviso thnt wo should havo further timo if wo worko.l to hin Balififaction > know of nonolioo having been served upon us by Williams. Previous to 9'Mi -Inly had roeeived somo complainls from Williams ; I loft two or throo days after Iho 2'lt.h July, nnd in doing so said that tho work whs not proceeding to my fiatistfaow lion, and ho had bolter finish it. Williams 1 told mo that if wo did not ranko bettor progress ho would either' lake over tho contract or inflict ft pennlty of £10 per , week ; I told this to Smith, and lie said that wo hnd onough men on to finish tho contrnet in time, nnd that Willis.ns could not ii.flict n penally.' If iho pnrty hnd worked ncroeably wo might havo boon nblo to finisli tho work in timn. I know or a cash pnymont of £2 to mo from Wil^ linms. Smith know about <ho lonn. Tlio T.O.TT. was given by mo in tho presenco of Smith and with his sanction. Tho ifcm of £70 was paid. £40 in cash, nnd £21 ntoro account. Tho 4-) 0.1 cash was paid (o >»o with Smith's knowledge. Only for William*' guarantee wo should not havo obtained tho tools and stores. MissOochs rnnohiul previously rofunod ; wo first went to the storo without Williams, and I roturncd to Williams' houso nnd hewdnt with mo to tho store. IU told Miss Cooh'-ano lo lot us h.i^wlmt wo waniod. I understood thnt Williams was to pny for Ihosloros and dod^ot tho amount froii us. Ho hns sinoo puid tho money and wo havo not oljccted. I did not object to my nnmo appearing upon Iho pummons. I admit the sot-off put in with the escop* tion of tlio amount charged by Williams as his labor.