The Sun.
London, England, 1859-06-21 00:00:00

LAW INTELLIGENCE.-(THIS .DAY.)

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prins, at Westminster, before Mr. Justice
Hill and a Special Jury.)

ASHWORTH V. LANE.
This was an action for £73 Is. 7d. for non-performance
of a contract for casting columns for the Thames Wharf,
Essex-street, Strand—£l3 ls. ld. paid into court—balance
£6O.

Mr. Lane, of Birmingham, was called and examined, and
said he entered into a contract with the plaintiffs to cast cer-
tain columns for a wharf for them on the Thames. The
written contract was produced, by which plaintiff was
bound to complete the works on the Thames on the
15th of January, 1858, for the sum of £2,246, er
£2O per day in default, besides damages. They com-
pleted the works in June, but they were supposed to be
done in February. They made deductions of £575 at the
settlement, in 1859, after an action was brought. Mr.
Spall, in London, managed the business. He came up to

London on the 22d of December. He was then shown

certain columns which were rejected, and found they
were unsound. About three or four had been re-
jected. He complained of the delay, and of holes being cast
in them. Ho was again in London in January, and saw Mr.
Ashworth. He complained, and, as we wanted the
columns, we offered a pound per : ton more. Ho and
his partner, Mr. Lane, did not say that the contract should
be set aside if the penalties were not forgiven. The
columns were all delivered by the 13th of February, and
the delay was caused by the non-delivery of the columns
up to the 19th January. He could not say how many times
he came to London to examine the works at Essex wharf.
He was there when some of the columns were delivered.
He demanded extras above the contract price, about £4OO.
Mr. Gwyne claimed £1,500 for damages for excess of time.
It was not claimed for insufficient construction, so far as he
knew. It was finished on 12th June. Cannot say that
the delay from February to June was from want of columns,
but there was delay in December. He saw the patterns be-
fore the columns were cast, and believedi he asked Mr. Lane to
have the columns made lighter, and they were so made.
The caps of the columns were smaller than those shown in
the building. He did not order shoos to be put on the
columns (shown a pencil order to that effect). Cannot re-
collect whether he ordered or put up the shoes or made the
pencil writing now shown. Does not recollect that he put
up shoes or brackets. Brackets are on the plan but not
shoes. Did not direct boles to be drilled in them; they
are not on the plan tracings.
Re-examined—Those pillars were to support the roof.
They were about six inches in diameter. The caps
aro smaller than those shown on the plan. There were
shoes added to the caps of those of the late delivery.
Henry Lane, one of the defendants, visited the works on
29th December. There was ono column up and some
lying on the ground. Ho called on Mr. Ashworth to see
if the columns were in hand. He said it was a very bad
job, and he was offered a pound per column additional.
He promised to get them down as fast as he could. No-
thing was said in his conversation with him at Clerken-
well about penalties.
Cross-examined by Mr. Hawkins—He interfered very
little with the works.

A journeyman engineer in the employ .of Messrs. Wynn
and Co., said he tested the columns and rejected about half
a dozen as unsound.

Cross-examined by Mr. Hawkins—Some of the rejected
columns were brought back but not passed. Some of them
had holes drilled in them, but they were sent back. He
tested them with the hammer. Cannot recollect any
column puttied in holes and painted over.

Re-examined—Holes were in some of them.
By a juryman—Some of them had honeycomb or cast
blisters in them ; these were not sound, and rejected.

The solicitor for Messrs. Lane and Lewis said £450 was
taken instead of £1,500, to compromise the action.
Mr. Atherton, Q.C., and Mr. Hawkins, Q.C., addressed
the jury.
The learned Judge summed up the evidence, and the
jury found a verdict for the plaintiff for £6O, over and above
£l3 is. 7d. paid into Court.