Harre CJ
Grand Court of the Cayman Islands
Holden at George Town, Grand Cayman
Cause No. 220/91
BETWEEN:
- **Plaintiff:** MAHOGANY ESTATES LTD
- Rm. #14 Jennett Building
- George Town, Grand Cayman
- **Defendant:** RAUL GONZALES
- Mahogany Way, Red Bay
- Grand Cayman
For the Plaintiff:
- f: Mr. P. Broadhurst.
- t: Mr. A. Roy
For the Defendant:
- f: Mr. P. Broadhurst.
- t: Mr. A. Roy
Judgment:
This case arises from an agreement between the parties. There is no longer any agreement about the right of the plaintiff's company to sue on it.
A written agreement dated 12th December 1990 confirms an earlier parole agreement under which the defendant started to use the plaintiff's bulldozer on or about the 19th November 1990.
The agreement read as follows:
"I Lorenzo Berry of Bodden Town, Grand Cayman, B.W.I. Hereby made an agreement with Raul Gonzales that my bulldozer be used to clear property of Raul Gonzales this said on November 29, 1990.
The agreement was made between Mr. Gonzales and Mr. Berry but instead of money been paid to Mr. Berry the payment will be made in marl at one load of marl for every hour the bulldozer work.
The agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. 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Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. 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Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. 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Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. 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Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. 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Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 19th day of November 1990. Id agreement was made on the 1
3
director, Glarman Grant the bulldozer operator and Reynaldo Ramoon a
worker for the Department of the Environment. All said, in ways to
which I shall refer, that the bulldozer was heavily engaged throughout
the period of hire.
The only witness to the contrary effect was the defendant himself.
The parties compound not even agree as to how the bulldozer reached Mr.
Gonzales' site. Mr. Berry and his operator say that they
discovered it heresing and found it being operated by Mr. Gonzales at
his site, that they correctly guessed it would be. Mr. Gonzales
himself says that he was given permission to take it. It is not an
issue which is central to the heart of this case at all and it is certainly
not one which caused the parties to fall out to the extent they did
not come to agreement that Mr. Gonzales could use the bulldozer for
a subsequent period.
It is common knowledge that a D8 bulldozer would use about 10 gallons of
diesel fuel per hour of continuous operation. If Mr. Berry's version
of events is that he regularly visited the site in order to
refuel the vehicle, is correct he would have brought along some 2000
gallons of diesel fuel.
4
gallons less the amount of 215 gallons which Mr. Gonzales says he put in himself. Mr. Berry said that he had a 500 gallon tank on his own compound and he took about 9 drums to the Gonzales site, or perhaps more, and was at that site approximately every other day. He described the drums as being of 55 gallons capacity and said that he had a pump which he used to discharge from the drums into the bulldozer. If he is right in saying that he supplied nearly all of the fuel used for more than 200 hours of operation he must have taken consideration of the fact that he had no supporting documentation to indicate his purchases of fuel from Texaco during the relevant period or the disposition of the fuel purchased.
Ethylene
That is fact which throws some doubt on the plaintiff's veracity but the truth in this case stems from the quite different interpretation of the evidence as there is. The plain fact consists of a series of book entries relating to the hours which the operator, Grant, worked. They consist of 5 sheets each of which is headed "in return for marl, bulldozer list for operation already done for Raul Gonzales". The first entry relates to 9th November 1990 and the last to Friday 4th January.
1991
The total number of hours worked in that period is recorded as being 200 and there are cheques in favour of Mr. Grant which the date stamps of the cashing bank clearly shows to be contemporaneous. They amount to $2000 in all. That is consistent with Mr. Grant's evidence that he was paid $10 an hour. The other set of documents consists of pages produced by the defendant from a customer's order book. They run, with one exception, in numerical sequence and purport to show purchases abr. Gonzel fuel and other items for the bulldozer and hours of work. was of dialez explanation for the lack of intervening entries in the bo problem, but did not lead me to think that the entries were more with ly than not a later concoction. That would have had to have had with the connivance of Grant, who signed each sheet.
The main cted poukn this case is whether the hours of work recorded in the order expere ware the hours in which the bulldozer was actually in operation rar which Mr. Gonzales should pay or the hours which are to be sul be from the total put forward by the plaintiff because the mach f what out of action.
It was t beected that the evidence of Mr. Grant, the bulldozer operator a ] the machine did would be crucial and indeed in bepo] in br o
6
conclusive in this case. Unfortunately he was a completely unreliable witness. A previous hearing of this trial had had to be adjourned and it transpired during the course of the present hearing that Grant was to have been called as a witness for the defendant on the previous occasion on the basis of a statement which he gave and which was put to him in cross-examination. However, by the time of the hearing before me he appeared as a witness for the plaintiff and graphically described being fours which he worked for Mr. Gonzales which he said was "like won wothe r a mule". The effect of his evidence was that the bulldozer to r sporking from morning until night, and that the hours which he ing th'ad to Mr. Berry, and more, were those during which he was opera s e machine. He said that he kept no written record of these hot lieve eport to Mr. Berry but kept them all in his head. I did not hldo
Gonks
Reynaldo he sausaid that he was working at a landfill adjourning where the he zer was during the relevant period. His job was to direct tr rry co the appropriate place for the discharge of their loads, ar id that the trucks would arrive continuously, every minute. zales compound was 150-200 feet from where he was. He saw Mr. Hr: rck ming there once or twice and claimed to have seen him
7
every time he came. He is indeed a hardworking man of his claim to have worked every day from 7:00 a.m. to 5:00 p.m. and, sometimes to 6:00 p.m. is true. I do not accept that and indeed his account of his hours and work varied during his evidence. I must nevertheless consider carefully his claim to have seen the bulldozer working every day. There was no particular reason why he should have paid attention to what was going on in the adjoining site while he was doing his own job. I am therefore that Mr. Gonzalez evidence of there being 2 bulldozers is true and Ramoon said that he saw three people, Gonzales, he b's and another unidentified person, operating a dozer. Mr. Ramoos no mount of a busy days work being done all the time at the site lot call for the conclusion that all the bulldozer work was being Engly the D8. My last observation about Ramoon's evidence concern Msly atnealez's evidence that he was "two miles away" from his compound exp- exp- than a matter of feet. Mr. Gonzalez is a voluble speaker cou jush but it is of an idiosyncratic kind. The assertion is so obv absurd if taken literally that I regard it of being a rhetorical meaning no more than "a great deal further". Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter was never put to Ramoon in examination at all.
Ramoon in examination at all.
Mr. Gonzalez acknowledged that that matter
Mr. Gonzales' version of events was this. He said that he had a smaller bulldozer - a D6 - already on site and he needed the D8 only for sporadic work involving the shifting of heavy items. He estimated that 30 - 40 hours of work would be what he would require. He discussed with Mr. Berry the use of his bulldozer because it was at that time doing nothing. He said also that he kept the written record of the hours worked by Mr. Grant and had that record signed by him in order to be of use in court.
His version of Grant's activities was that he would drive the bulldozer, time to time, clean and grease it and would then sit down to c Grant his 8 hours of work. He personally assessed and agreed with Grant at the time how much work Grant had done and his brother's feet. Unfortunately for this case, is now in Panama, prepared the work. He saw Mr. Berry only about three times during the relevant days of the work and never with diesel fuel in the compound. He had to do plenty none 7x on the machine to get it started and it was out of action for days while a track pin was fixed. Those days were, he said, from 7th November to 7th December and the record of work shows that was done during those days. Indeed, he said, there were all problems with the old bulldozer, the main one being overheating on the 7th of November.
On the evidence, I make the following findings. Grant is an unreliable witness. He completely disowns his previous statement, which he said he did not read, on the basis that "two against one is murder". He came some 4 years later with a completely different story. He has every reason to deny that his claim for a full day's work which he made to Mr. Berry was anything other than a genuine one. I do not accept Mr. Berry's account that he was regularly visiting the site and supplying him with fuel, that and he is only partially supported even by Grant who, in a hat, both he and Gonzalez supplied some and that he did see Berry alone and thought he was being spied on.
The plain greed difficulty in this case is that he has no independent record as to what the hours worked were. He relied entirely on his own man, Grant. The hire of a piece of equipment with him over a period of weeks requires meticulous record keeping. The very problems which have arisen in this case are to be avoided over a very form which the agreement took is more consistent with Mr. Gonzalez's account than Mr. Berry's. If it is contemplated that machinery hired is to be in more or less continuous operation for a period of weeks, why hire it by the hour? The method
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chosen is entirely consistent with Mr. Gonzalez assertion that the D8
was to be used as a heavy duty backup for his own machine the D6. And
unless Mr. Gonzalez intended throughout to cheat Mr. Berry by making
maximum use of his machine without paying for it he would keep the use
of that machine, at the equivalent of $140 per hour, to the minimum
and make the maximum use of his own without charge. That is a
credible explanation of the low number of hours he said the machine
worked. Another alternative view that the documents prepared by Mr.
Gonzalez were and signed by Mr. Grant represented a deduction from
the total to be worked leaves unanswered the question of how that
total was while our arrived at. Would Mr. Gonzalez meticulously record
deduction we making no attempt to establish the sum from which the
deduction was to be made thereby laying himself open to the enormous
bill which presented to him? I conclude that he would not.
There is not other vision of events which does achieve some degree of
consistent evidence as a whole. Mr. Gonzalez says he never
operated To that He does not say in terms that Grant never operated
any equipment other than the D8 and I think it inherently unlikely
that Gonzalez let him sit around idle for nearly all the time he
was there to the extent I did not believe him. I infer that he
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Judgment Summary
The court has reviewed the evidence presented in the case and has determined the following:
- Mr. Ramoon's evidence indicates that he saw three men working on a bulldozer.
- This evidence is consistent with Grant's claim for wages for the hours he worked.
- The court finds that the evidence does not carry the implication that Mr. Berry is entitled to claim for the same hours for the use of the D8.
The court has decided the case on the balance of probabilities, having placed the burden of proof on the plaintiff. The plaintiff has failed to establish his claim to be paid for 22 hours of work at a rate of $140 per hour, which totals $3,080. The defendant has counterclaimed for $970.
The court is satisfied that a money judgment can be made on the basis of a quantum of money rather than a judgment for delivery of loads of marl.
**Chief Justice G.E. Harre**
**Date: 13th March 1995**
**Signature:**