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Decisions of the Superior Courts of New South Wales, 1788-1899

Isaac Peyton v. Joseph Torch [1810] NSWKR 8; [1810] NSWSupC 8

work and labour - debt recovery - vault and tomb

Court of Civil Jurisdiction
Bent J.A., 19 March 1810
Source: Court of Civil Jurisdiction Proceedings, 1788-1814, State Records N.S.W, 5/1103-58

Action to recover the sum of £11.8 as balance of £36.14 due for work and labour and materials found and provided for defendant by a Plaintiff.
Defendant appears and pleads not Assumpsit. Admits the work done, but says the charge is unreasonable, and pleads a set off of £25.16.8.
Lewis Jones, sworn, says he is a master stone mason, has been one 18 years. Understands masonry work. Says he has seen the work done by plaintiff at defendant's. On seeing the bill which was for digging a vault and erecting a tomb to the amount of £36.14. Witness says it is an unreasonable charge. He should have charged from £25 to £26.
Set off £25.6 admitted by Peyton.
Verdict for the Plaintiff.
Damages of £6 & costs.
Eight days allowed.

Published by the Division of Law, Macquarie University