CLAIM FOR DAMAGES.

Press, Volume LX, Issue 11512, 19 February 1903, Page 5

CLAIM FOR DAMAGES.

(special to "the pbess.")

WELLINGTON, February 18.

The Chief Justice and a jury of four this morning heard a civil action in the Supreme Court in wihirih Alfred Wiuliam Eslick, of Chrietchuirch, sued Geo. T. Witt, of Wellington, for £250 damages, and return of deposit- Mr JeLicoe appeared for the plaintiff, and Mr M. Chapman for the defendant* The statement of alaim set forth that in December last t*he defendant agreed to sell his business as a hairdresser and tobacconist (Cornwall Saioon, Willis street) at a rental of £3 per week, less 12s 6d par week for a portion of the leasehold premises. Ealiick paid Witt £50 deposit on the transaction. The defendant subsequently informed Eelick that the landlord (Mr M'Gil.) would not agree to the transfer of the lease from Witt to Eslick. PJ&intilf claimed a return of his deposit money and reasonab.e damages for the loss of tihe contract and a good business site. In Ida evidence the defendant stated that the business wsb afterwards sold on tihe same terms as those offered to Eelick, and Mr M'GLI ihad agreed to the new purchaser. Defendant had urged Mr M'Gill to accept Eslick as a tenant, but without success.

Plaintiff, in hoe evidence, said that Mr M'Gill had objected to him as a tenant because he (Esdick) had carried on bookmaking in Cliritftdhurah. Eeick replied that he had given up bookmaking. Oounscil for the defendant pjeaded that tihere was no contract in writ/ing which would carry a verdict for the plaintiff. Mr Obapnuui applied for a nonsuitOn resuming, this afternoon, his Honour directed t/be jury ■Uliat plaintiff could not recover damages, but was entitled to the deposit (£SO), which amount, with interest, had been paid into Court. There was nothing, therefore, to go to the jury, which was discharged- His Honour awarded fehe defendant £5 5s and costs, as he had succeeded substantially in bis oas?. Mr Jellicoe obtained leave to move for a new trial.