SUPREME COURT

Dominion, Volume 7, Issue 2243, 1 September 1914, Page 9

SUPREME COURT

ALLEGED BEEACH OF CONTRACT. In tlte Supreme Court yesterday morning, His Honour Mr. Justice Hosting delivered reserved judgment on an interlocutory motion for au injunction to restrain a hotel licensee from coihmitting an alleged breach of contract. Tho parties to the actioilj were: Alfred Maurice Lewis, of Thomson, Lewis, and Co., aerated water manufacturers, of Wellington, plaintiff, and Horace Ernest Somerville, • licensee of tho Albion Hotel, Wauganui, defendant. Mr. C. B. Morison. K.C., appeared for Lewis, while Mr. T. Young appeared for Somerville. ' . "

Plaintiff (Lewis) claimed that, in consideration of his having advanced the sum of £50 to tho defendant (Somerville) at 7 per cent, interest, the.defendant had agreed to purchase aerated waters from plaintiff's firm aiid from no other firm, for a period of twelve mouths. An injunction was sought.to restrain defondant from going' outside this agreement. The motion was opposed by the defendant (Somerville), who, it was -said, had offered to. repay tho money. Counsel for the defendant contended that the agreement was unreasonable, and in restraint of trade, and was therefore not binding.; In dismissing the motion, Hfs Honour expressed the opinion that it would be better'if a decision on the question were until the trial of thS main action in Waiiganui. He thought that the circumstances were not sufficient to establish'; that' -the cheaperprices charged by the rival manufacturers were unreasonable. On the other hand, the statement that Lewis's prices were reasonable, was outweighed by tho fact that the other firms not only charged less, but conceded better terms. I The motion for the interlocutory injunction would therefore be dismissed with costs and disbursements ■to'■ be costs in the. cause. • TIMARU SESSIONS. A LIGHT CALENDAR. (By Telegraph—Press Association.) Timaru, August 31. ■ The Supreme Court sessions opened to-day before vMr. Justice Denniston.' There were only two oriminal cases. Tho Grand Jury threw out the bill against a young mail who was charged with manslaughter as' the result of a fight between two young fellows at $ country dance. One fell and died in a few minutes. The medical evidence showed that the deceased had an unusually thin skull. ' In the other case James Doun was found guilty of the theft of about £23 from tho To Kapo Hotel. This being his first offence a light sentence of four' months was imposed.

In divorce, Harriet E, Harkin was granted a dissolution of her marriage with J. Harkin, a carpenter, on. tho grounds of desertion. Tho parties-were married in 1902 ? and had sinco lived iu Auckland, Gisborne, and Christchurch. Tho respondent left his homo, in Christchiirch. in 1908, and had hover, since contributed to his wife's support.