DISPUTE REGARDING A LEASE

Dominion, Volume 11, Issue 264, 27 July 1918, Page 8

DISPUTE REGARDING A LEASE

ALLEGED BREACH OF CONTRACT. His Honour' Mr. Justice Hosking heard the case of Gordon Christian Hare, sheepfarmer, Cheltenham, against Sidney fJrank Perrett, farmer, l'almerston North, in tho Supreme Court yesterday aftornoon.

. The statement of claim set forth that in and prior to the month of July, 1915 the defendant hold a grazing license from UiarleS Houghton Mills, 0 f Wellington, representing the liaumati. Syndicate, as beneficiary owners of the land tor a term of five years from May 17, 1912, at the yearly rental of .£375, and contained Hie restriction that the tonant was'not at liberty without the previous consent in writing of tho landlord to sublet tho said ands or to assign tho rights conferred uponihim by the agreement. On July 2. 1915, defendant agreed to sell his interest 111 such license, together with G37 ewes, 11 rams, and olhor chattels, for a lump sum of ,£I2OO, which sum was dulypaid. At the negotiation for such sale defendant undertook to obtain the necessary consent of (lie liaumati Syndicate, and in reliance of such undertaking the plaintiff entered into possession, and continued in possession until May 10 191G The defendant failed lo obtain such consent, and by reason of such failure plaintiff, after due notice, went, out of possession. The stock and chattels included m the sale were valued at ,£SM 155., and tho proportion of purchase money represented by tho said license was '£055 5s Plaintiff claimed the sum of .£350 for loss of the value of the remainder of the term of the license, the sum of ,£l5O as genoral damages, and such fuller or other relief as to Ihe Court might seem fit.

u-* r - appeared for .the plaintiff, and Air. C. Lough nan. of Palmerston North, for the defendanl. Evidence in tlio ease was laken at Palmerston North, and yesterday counsel addressed the Court.

His Honour reserved his decision.