| Notes: | The Ipswich Journal
Saturday, 11 Nov 1871, Page 7
REPAIRING A PUMP.
William Limmer, well sinker, Dickleburgh, v. William Woodrow, miller, Winfarthing. - Action to recover £15 4s.
Defendant admitted £9.
Mr. Lyus appeared for plaintiff.
Plaintiff stated that he was engaged by defendant in October last to open and clean out a well; after performing that work defendant agreed that he should enlarge the well, and a contract was made for that work. Nothing was said in the contract about the materials to be used. A lot of new piping and some oak stays was required to set the well going after it was enlarged.
David Chilvers, foreman, in plaintiff’s employ, said that after the contract was completed, defendant said he would get a plumber named Fisher, to put in and repair the pipes. He told him that Limmer did that sort of work, and it was agreed they should do it. After the job was done defendant expressed himself well satisfied, and recommended them to another party.
Defendant stated that in the contract for £9 everything was to be included. When the bill was brought he expressed his surprise, and after some talk he offered him £10, which plaintiff refused, and said to save further trouble he would take £11.
Defendant’s son said he heard plaintiff say he would take £11.
Plaintiff and his men denied this.
His Honour said that one party thought the contract one thing, and the other another, which made it no contract at all. After going through the items, he observed that they required a little taxing, and ultimately gave judgment for £14 12s, 10d., advising defendant another time to have contracts reduced to writing. |
