BREACH OF PROMISE

Dominion, Volume 5, Issue 1287, 16 November 1911, Page 9

BREACH OF PROMISE

£270 DAMAGES GIVEN. THE CASE OF DELIA DINAN. ~ (By TclecraDh.-Prcss Association.) Auckland, November 15. A breach of promise action, brought by Delia Josephine Dinan, aged 32, a domestic servant, against John Pearco, aged 81, and described as a member of the firm of Pearco Bros., builders, painters, and plumbers, was before Air. Justico Edwards and a jury of twelve, at the Auckland Supreme Court' this morning. Mr. F. Earl appeared for plaintiff, and Mr. ilowlem represented defendant. Plaintiff olaimed .£BO as special damages, and .£5Ol as general damages. _ In reviewing tho allegations contained in the statement of claim, Mr. Earl pointed out that the parties had been acquainted for nine years past, and, in 1905 last they were engaged to bo married, tho ceremony to take place within a reasonable tune. Though the defendant delayed and evaded fixing tho eventful,day, he ultimately arranged last December to marry tho young woman in or about June, 1911, and plaintiff thereupon purchased hor trousseau, made all arrangements for tho approaching marriage, and informed her friends. On April H last tho defendant, it was stated, alleged a verv extraordinary thing—that he had consulted throe medical men and that they agreed that ho.-was suffering from valvular disease of the heart. -Ho stated that these medical men had informed him that he might drop dead at any moment, and that it was inadvisable for him to marry at all. The plaintiff thereupon agreed to tho .postponement of' tho , marriage,' but, in August, tho dread and dire diseaso was still active, and defendant offered .£2OO as a sort of solatium. Plaintiff believed the representations, and agreed to accept the JZ'M, but had received no portion of it. The plaintiff, it was alleged,.had discovered that tho story of the heart trouble was a trick on tho part of tho defendant to'get rid of his obligation to marry. The claim triado was for .£Bo' spent on the trousseau and housohold requisites, and for .£3Ol goneral damages, as compensation for anguish,'stress of mind, and humiliation suffered by reason cf defendant's failure to carry out his promise. The chief points for the defence were(l) That what the defendant had said about his condition of health was absolutely true; (2) that the promiso of marriage' had riot been broken by tie defendant, but by tho girl's own act. .The juTy, after a_ short retirement, brought 'in a verdict for .£230 general damages, and .£2O special damages.