CLAIM FOR DAMAGES

Dominion, Volume 14, Issue 166, 9 April 1921, Page 9

CLAIM FOR DAMAGES

PLAINTIFF RECOVERS -£3O. Reserved judgment was delivered in the Supreme Court yesterday, by the Chief Justice (Sir Robert Stout), in the case of Annie Dcckston (Messrs. Al. Myers and H. E. Evans) against L. JAugust (Mr. E. P. Bunny). The plaintiff claimed recovery oi possession of certain property at laita leased to the defendant, on flic ground that defendant had failed to maintain in good and teuantable repair the bin dinge and fences, and that he « rong J removed the fence between divisions 3 and 4. failed to ppy the rates, and that he had parted with possession tn favour of J. E. AVesterley (Mr. O. C. Mazen"“More giving judgment, His said that, in his opinion, the <br<aches of covenant were much exaggeiated, ■ that the offer made by the defendant was a fair and reasonable one, and it t plaintiff was unwilling to would proceed to judgment. Ihc offei was declined, and His Honour then declared that the fences had been kept in fair repair, considering the mode in which they were handed over to he tenant. As to the removal of the division fence, the defendants would have to rnv for- that, as he had no iifeht to take that down. After referring to bfhor damages, Bis Honour gave judgment for plaintiff for T’3o, with torts on the lowest scale, with £■> •<«. second day.