HomeMy WebLinkAboutThe Citizen, 1990-08-01, Page 21THE CITIZEN, WEDNESDAY, AUGUST 1, 1990. PAGE 21.
Judge dismisses charge, warns man to settle problem
Judge R.G.E. Hunter dismissed
charges Wednesday against a Van-
astra man for not paying rental
charges for a tractor but gave him a
stiff warning to get the situation
settled.
Donald Nickel had been charged
when he failed to return a tractor
he had rented from McGavin Farm
Equipment.
Robert Mathers, sales manager
at McGavin’s told the court that on
January 6, 1989 Mr. Nickel had
rented a 465 Neufield tractor with
loader, a machine valued at $6,900.
The rental was to be $600 until
April 1 at which time Mr. Nickel
was either to purchase the tractor,
in which case the rental fee would
be applied to the purchase price, or
the tractor was to be returned and
the rental paid. The tractor was
delivered to Mr. Nickel but on April
1 the tractor wasn’t returned and
the rental wasn’t paid. Mr. Math
ers explained that after a couple of
weeks he had finally be able to
reach Mr. Nickel in mid-April and
Mr. Nickel assured him he would
be in to straighten up the issue.
After that he contacted Mr.
Nickel every two or three weeks to
pay the rent and return the tractor
but neither was done. Mr. Nickel
said he was using the tractor to tear
down barns in the Ripley and Port
Elgin areas.
In mid-August Mr. Nickel visited
McGavin’s and said he was trying
to get money from the Worker’s
Compensation fund to purchase the
tractor. An invoice for the tractor
was made up backdated to April for
that purpose.
When Mr. Mathers didn’t hear
anything further from Mr. Nickel
he called in the police in mid-Sep-
tember. In January of this year Mr.
Nickel agreed to meet Mr. Mathers
in Clinton but still didn’t either pay
for the tractor or return it. Mr.
Mathers didn’t hear from Mr.
Nickel again until July 23, three
days prior to the court date when
Mr. Nickel called but still refused
to say where the tractor was.
Constable James Dore said he
had contacted Mr. Nickel at his
residence on Sept. 20, 1989 and
Mr. Nickel agreed he had signed
the rental agreement and hadn’t
paid. He said he hoped to pay when
the compensation issue was settl
ed. Const. Dore said he told him he
must either pay or return the
tractor. Mr. Nickel said he didn’t
want to tell either the police or
McGavin’s where the tractor was.
Mr. Nickel, conducting his own
defence, agreed the testimony was
true.
Judge Hunter got into a discus
sion with Crown Attorney Kevin
McHugh saying he felt the charges
had been laid
section of the
charging Mr.
failing to pay
tractor it became more of a civil
matter.
under the wrong
criminal code. By
Nickel only with
the rental on the
“It strikes me,” he told Mr.
McHugh, “there should have been
either a fraud or a theft charge.”
He dismissed the charges against
Mr. Nickel but gave him a warning.
“You better talk to the officer and
to Mr. Mathers before you leave
here because the tractor certainly
doesn’t belong to you and they’re
entitled to have it back,” he said.
Funny farce opens at Playhouse
The hilarious farce, “Boeing
Boeing” began a two week run at
Huron Country Playhouse on Tues
day, July 31 and is the third of four
main stage productions offered this
season.
“Boeing, Boeing” is about a
bachelor who keeps a menagerie of
three airline stewardesses flying in
and out of his life, keeping them
apart by carefully charting their
flights. As the hostess-juggling
bachelor Bernard puts it “I keep
one up, one down and one pend-
ing.”
Naturally, wind, weather, and
the increasingly reckless speed of
super-jets bring them together. To
extricate himself from the situation
that threatens to collapse his tidy
paradise, Bernard enlists the aid of
his well meaning but bumbling
friend Robert and his wise-cracking
housekeeper to keep the three
luscious dishes from clattering into
each other.
Ian Deakin, who kept himself busy
with two wives as the taxi driver
John Smith in “Run For Your
Wife”, will up the ante this season
and have three women on the go,
as “Boeing Boeing’s” harried, if
enviable bachelor Bernard.
Christopher Barry, who played
Stanley Gardner in “Run For Your
Wife” will again play a well
meaning but bumbling friend to
Mr. Deakin’s character. Linda
McKay returns to the Playhouse
this season to once again play one
of the lovely ladies in Mr. Dead
kin’s life.
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