LAW REPORTS.

Dominion, Volume 6, Issue 1851, 10 September 1913, Page 11

LAW REPORTS.

SUPREME COURT. EMPRESS THEATRE ART WORK. DECORATION CLAIM. RECOVERS THE FULL AMOUNT. A decorator's claim against the J. D. Williams Amusement Co., Ltd. (N.Z.), for £350, has been upheld by his Honour the Chief Justice. The decorator was Giorge Coulter, and the work concerned in the case was the decoration of the interior of the Empress Theatre, in Willis Street, Wellington. During tho course of the .hearing, Coulter allegod that in New- South Wales that Williams (formerly managing director of tho company) had accepted his offer to do the work.

At a certain stage he (Coulter) had requested a progress payment, but this Was refused. He was told that the present directors knew nothing of his contract. He, however, finished the work, and then began litigation. In tho course of his judgment, his Honour stated that there was no evidence that Williams had been authorised by tho other directors to make tho contract, but, nevertheless, tho managing- director was to manage and direct the affairs of the company. Work was done openly on the premises to the knowledge of the manager, and it must have been to the knowledge of tho company, though the directors might not have been aware of what was taking place; Therefore, in his Honour's opinion, the defendant company was estopped from saying that the work was unauthorised. Tho company, however, might possibly have a remedy against the managing director, if it were true that he had acted pthout authority. The company, however, had allowed Coulter to complete the work (occupying a month or more), and it could not disclaim liability. Judgment was therefore given for Coulter for tho full amount claimed, with costs. At the hearing, Mr. M. Myers appeared for Coulter, and Messrs. A. Blair and G. Samuel for the defendant company. ■ ■ .. •