LAW REPORTS.

Dominion, Volume 6, Issue 1698, 14 March 1913, Page 9

LAW REPORTS.

SUPREME COURT. (Before His Honour Mr. Justice Chapman) A CONTRACT TO LEASE. QUESTION OF INTERPRETATION. Questions arising out of the construction of a contract to lea'se premises were submitted to Mr. Justice Chapman in the Supremo Court yesterday. The action was in the form of, an originating summons issued for the purpose of obtaining an interpretation of the contract. Tho plaintiff was Matthew Henderson, sawmiller, of Onehunga, and the defendant was Norman Leslie Gurr, laud agent, of Daimevirke, Mr. T. H. G. Lloyd, of - Dannevirke, appeared for Mr. Henderson, while Mr. C. P. Skerrett, K.C., with Mr. R. Kennedy, appeared for Mr. Gurr. It appears that a contract had been entered into by the parties for the lease of certain premises in Main Street, Dannevirke, and the question had since arisen as to whether Henderson or Gurr was liable for rates, taxes, and insurance. Hence the following questions were submitted to. the Court:— 'Is the relationship between the 1 parties constituted by the contract for lease with a compulsory purchasing! clause that of landlord and tenant or that of vendor and purchaser? If the relationship of landlord and ' tenant is created do the words "at a rental of .£3 10s. per week clear of . rates, taxes, and insurance" mean that the landlord is. to pay them all , for the term or that the tenant is liable? If. the relationship of vendor and •purchaser is created, oa whom does the liability'fall? If it falls on the tenant or purchaser, from what (late should.it be apportioned? i After hearing legal argument his Honour reserved decision. MAGISTRATE'S COURT. (Before Dr. A. W. M'Arthur, S.M.) A NON-UNION FOREMAN. \ At the Magistrate's Court yesterday Dr. Jl'Arthur gave reserved judgment in theaction between the Wellington Amalgamated Society of Pointers' and Decorators' Industrial Union of Workers, represented by Mr. D. 31. Findlay, and John Fuller and Sons, represented by Mr. E. M. Sladden. The defendants claimed ,£lO in respect of an alleged breach of the Wellington Painters' and Decorators' Awai'd. It was alleged that the defendants engaged n journeyman painter who was not a member of tho union and did not make such engagement subject to his becoming ti member within one week of being engaged. His Worship considered that the man engaged was really a foreman within the meaning of the Act, and was therefore not bound to join the union. The case was accordingly dismissed. UNDEFENDED CASES,' In the following undefended cases judgment was entered for plaintiff by default: Cycle and Motor Supplies, Ltd., v. William Sheridan, JC4 9s. 2d., costs 10s.: Commercial Agency v. Arthur James Galyer, Gd., costs 155.; 'New Zealand Acetylene Gas Lighting Company, Ltd., y. HarryHill, JIG 2 4s. sd;, costs JCI Is.; Commercial. Agency v. Joseph H. Steer,' .£3 7s. Gd.. costs .£1 75.; Westport Coal' Co., Ltd., v. Robert T. Price, .£2o,' costs £2 6s. j Commercial Agency v.-'W. M'lnerney, £3 155., costs 10s.; R. and E. Tingey and Co., Ltd., v. Willium Henry Averts, £2 14s. 3d., costs lis.; J. B. Macewan'.and Co., Ltd., v. J. Siggelkow, .£'23, costs '.£3 las.; Smith and Smith, Ltd., v. Eliza Lee. ,£'9 125.; costs .£1 ss. Gd.; H. Price and Co., Ltd., ,v. ' John Young, Bs. Gd., costs .£1 17s. Gd.; C. H. Harris and Co. v. G. H. Peacock, .£lO 55., costs JSI 10s. 6d.; British and Continental Piano Co., Ltd., v. Frederick Owen Amos, wCG 16s. Gd., costs XI 3s. Gd.; Commercial Agency v-. Tarannlci Farmers' Co., Ltd., .£23 19s. 10d., costs £2 145.; H. C. Gibbon and Co., Ltd., v. E. Webby, costs lis..; The "London Times" v. R. C. Probine, £2 18s. Gd.. costs 125.; Frederick Bond v. Henry A'. Evans, .£2 10s., costs lis.; Parton and Son v. Thomas Skinner, .£2 18s. 6d., costs 10s.; Coulls Culling, Ltd., v. the Napier Plumbing Co.. ,£B. costs £\ Bs. 6(1.; W. E. Lutz v. Andrew Baxter, .£2 10s. j 7dl, costs 10s.; same v. William B. Swinoy, £12 Ba. 5d., costs £1 12s. Gd.; snme v. Ann Irwin. £1 17s. lid., costs 55.; Smith and Smith, Ltd., v. Walter Henry Hamcr, ,£7 4s. Gd., costs Jil 3s. Gd. ; Empire Loan Company Ltd., v. Te ICo-: roneho, J313 Bs. 2d., costs .£2 3s. Gd.; Henry Blanchard King v. Jniacs' O'Sullivan. £5 55.. costs .£1 3s. Gd.; Easson, Ltd.. r. F. W. R. Mackay, ,£lO '18s. 6d„ costs X'l ss. Gd. JUDGMENT SUMMONSES. Wilmot C. Quinnell was ordoral to pay the. New Zealand Express Co., Ltd., £3 13s. by March 27, in default three days' imprisonment; Samuel Jackson Binning to pay the Cambridge University Press, HG lGs. Gd., in default seven days' imprisonment; Jacob Henry Reynolds was ordered to pay the Union Clothing Company ,£G 9s. Gd. by March 27. in default seven days' imprisonment; Tai Heketa was ordered to pay R. and E. Tingey and Co., Ltd., <£22 19s. by March 27, in default fourteen (lays' imprisonment; Thomas Lock was ordered to pay A. Cleave and Co., £1 ss. by March 27, in default seven days' imprisonment. POLICE CASES. (Before Mr. W. G. Riddell, S.M.) Thomas Grey, for behaving in a disorderly manner in Willis Street, was fined 20s. or, three, days' imprisonment; for using obscene language ho was fined ,£3 or seven days' imprisonment; and for damaging a cab belonging to Thomas M'Williams, was ordered to pay ss. and 4s.' costs. i Frank Aloysius Flynn, for insobriety, was fined 205., in default three days in prison. i DAIRY FACTORY CASE. ~.J. B. M'Ewan and Co., dairy experts, proceeded against T. A. Ilardie, proprietor of the Ashhiirst cheese factory, for tile, sum of -ElO4 10s. 2d., plus interest at 7-,,' per cent, per annum to date of judgment. Plaintiffs further claimed commission on sales, and interest on the balance, of account in plaintiffs' favour, and for the balance of current account between the two parties. ' Mr. D. M. Findlay for the plaintiffs; Mr. H. R. Cooper for defendants. Heariiig will'be resumed to-day.