Claim for Tle. 42, damage by collision of traps.
Mr, Rexsre appeared for defendant, and stating that his client was not well enough to appear, asked that the hearing should be post-Bote. He alo applied under role 85 of the ules of Procedure of the Court that, as defendant intended to institute a cross-action for damages, in respect of the same subject matter, plaintiff, who is not a British subject, should be required to offer security to abide by the decision of the Court in such cross-action.
Plaintiff said he was perfectly willing to do this 5 and His Worship then adjourned the case till Monday at 2 o'clock, 8 Sept...
Luew-cmaso-ure. W. Mackesztz BRaDLey Clan for 1's, 20, materials supplied and repairing a boat.
Defendant said he had contracted to have certain work done to a houseboat, for Tls. 20, under a specification which he produced and of which defendant had a copy. Some of the work had not been done at all and other portions done so badly that it would require to be done over again, The work was to have occupied 10 to 12 days and been finished by Qist August, b+ it was not all done yet. Plaintiff had come, however, asking to be paid a portion of the amount, which defendant Fefused to let him have till the work was
be a fair allowance for what had been done. done properly. He considered Tis, 10 would Plaintiff professed to understand the specific fion, which he aid friend bad explained to Prammrr stated—I was engaged some time ago to repair defendant's boat. I produce copy of agreement, which however I do not understand. Defendant marked the portion he wanted made good. I was to receive Ti 20 and do it within ten days; I completed it, within twelve. That was about a month jo. I wanted defendant to pay me for the first contract before I went on with a second for painting. did not, but I nevertheless went on with the second contract. The supply of paint was not sufficient; applied to defendant for more, but this he refused to give. I asked defendant to give mo a specification, I didn't say I would get a Chinaman to translate it, When I went two days after, I told defendant that T understood it.
Plaintif's ideas of dates appeared to be more confused than Chinamen's usually are, and his evidence threw little light on the ease, which his Worship adjourned till Mr. Here, the Court Usher, should inspect the work in presence of both parties.
When the case was taken up in the afternoon, Mr. Here handed in a report substantially supporting detenant's allegations as to the work, and said he should be sorry to pay Ins. 10 for it.
His Worship then gave judgment for plain. tiff for Tls. 10, being the amount defendant had offered; plaintiff to bear costs.
The cross-action between Mr. M. H. Cook and Mr. J. 8. Robison for damage caused by collision of carriages,—adjourned from the Sth instant—was set down for hearing to-day. After the parties, their agents and witnesses had arrived at, the Court, however, the mat-each withdrawing
Text read from the printed page and cleaned; old type leaves the occasional error.