The Archive · 1875

Before R. A. Mowar, Esq

Mi. px Boxy v, J. H. Harvie, This was a claim for $2.50, balance of account for harness work done in the early part of 1874. The total amount due was $9.50, but of this the defendant bad paid two instalments, leaving the balance claimed, fendant said his cole reason for not paying was that some of the work was done on his account for another person, and that he could not charge that person his proportion, because the plaintiff would not make out an account showing the charge for each item of work dono, In consequence of that refusal, he had not been able to send in own account to the other person for the portion of work done for him.

denied that ho was ever applied to for a detailed account, and said it was not his custom to detail every item in such a small matter, Defendant, in reply to his Honour, had told defendant's shroff to tell tiff to send in o detailed account and he vould pay the balance, His Hoxour sid it' wae useless telling shroff anything of the kind. They were should have asked the plaintiff personally for ply sent to collect money. Delentaut a detailed account.

Defendant replied that he had done so, but could not get one.

Plaintiff said he had applied twenty for payment, and defendant must have been satisfied with the charges or he would not have paid the instalments, On Saturday last ho wrote and told him if the balance were not paid he should summon him on Monday, bat defendant took no noti Defendant admitted receiving the letter, came and ho again told ian to tell his master but on the following day plaintiff's shroff

to make out a proper account.

His Hosovr said whether it was or was not the fact as plaintiff said, that he had not to by the defendant for a bill of unitted the fter did not apply for one when he re intif'a intention to proceed "His Honour was sorry that the the case should exceed the amount of aim, the claim being admitted; but at' should have communicated with ither persually or by letter, on Satur ving his reason for not paying. JO his butines wax hampered through not getting such a bill as he wanted, that was all the more reason why he should have applied Gil was hot made out item by item was not sonally for one. The objection that the

who understands only two things—payment ord communication to make to a shrol and non-payment, Defendant must pay the amount sued for, $2.50, and $3 costs.

The money was at once paid.

Text read from the printed page and cleaned; old type leaves the occasional error.

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