plaintiffs.
Mr. E. N. Flashman, manager plaintiffs' furnishing department, gave evidence as to having entered into a contract with defendant in July last for painting the exterior of the house. The work was immediately begun and occupied their men continuously for nearly a month, during which time witness went three or four times_to inspect it in the usual way. He personally saw two coats of paint put on, in some cases three. Witness spected the work on completion and was personally quite satisfied. Four or five weeks later, a complaint was received as to damage having been done to some mosquito frames. Witness satisfied Mr. Hayes that his men were not responsible for this, and Mr. Hayes then said that they had not put on more than one coat of paint. Witness was still of opinion that the work had been properly carried out. The paint used was supplied by Messrs. Wilkinson, Heywood Clark, and was the best procurable.
The Chinese foreman painter employed by plaintiffs gave evidence as to the work which was done, and added that he went to see the job once a day.
Derenpant's Account or tHe Work.
Mr. Hayes gave evidence that, according to the contract, plaintiffs were required to have the wood-work well rubbed, stopped, and given three coats of sun-resisting paint. It was not until the tenant called his attention to the mosquito frames that he went to the house and found that the contract had not been fulfilled. Part of a fence which should have been painted had been tarred. The wood work had not been well rubbed, because the old paint was still there, and not only old paint, but old rust on the iron work. The "stopping" had not been done be cause the surfaces had not been rubbed, and the wood work had not received two coats of sunproof paint. Plaintiffs had admitted bad workmanship by offering to make a reduction of $100 in the bill. They wrote stating tict they would do this without prejudice and with a view to settling the unfortunate business in an amicable way." At first witness was prepared to treat them liberally and settle the bill for $100, but he must withdraw this offer now.
His Honour—Has the house any
done? advantage from what they have}
Text read from the printed page and cleaned; old type leaves the occasional error.