Under the contract, certain material was to be supplied by the hospital, but this did not arrive in time to enable witness to complete the building within the contract limit (December 31, 1918) as he would otherwise have done. The last of the material did not arrive until June, 1921, and witness estimated the damage he had suffered by this delay at Ts. 41,000, including Tls. 10,800 increased wages to his workmen after the date stipulated for completion of the work. Witness had several interviews with Mr. Halse concerning the delay, and on one occasion Mr. Halse winked his eye, and said he thought he might get an increase in the contract price. He spoke of the hospital being in debt, and on another occasion he said that if witness wanted his money he would have to sue the hospital for it.
The bearing was adjourned.
The heaving was continued on Wednesday, Continuing his evidence, plaintiff stated that in September, 1920, he wrote a letter to the hospital giving particulars of his claim for Ts. 41,060, but received no answer. He wrote again in the following February, with the same result, and again in April, then receiving a reply stating that the matter had been referred to the architects (Messrs. Moorhead & Halse). Receiving no communication from the architects, ho placed the matter in the hands of counsel. Witness admitted that, in the beginning, it was stipulated that any "extras" must be in writing and must be signed by both parties, and in accordance with this agreement he sent particulars of extras to Mr. Halse, who did not return them.
Witness entered another claim for Tls. 28,000 arising out of changes made by the architects in building material used. None of these items (of which witness now gave examples) were allowed by the architects. In order to carry out
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