HOTEL MANAGER’S

Dominion, Volume 14, Issue 285, 26 August 1921, Page 6

HOTEL MANAGER’S

ALLEGED BREACH OF CONTRACT

Mr. F. K. Hunt, S.M., yesterday heard a civil action brought by William J. Byrne, hotel manager (for whom <Mr. U . Perry appeared) against Richard I. Low, hotelkeeper (represented by Mr. J. J. M'Grath). The claim was to recover £266 10s. as damages for alleged breach of contract, but in order' to bring it within the jurisdiction of the Court the plaintiff abandoned the sum of £G6 10s. and claimed as damages £2OO. The statement- of claim set out that in June last tite defendant agreed to purchase tho lease, furniture, »nd -goodwill of the Terniinus Hotel from one Robert Hunt. On May 28 the defendant applied for a certificate* of fit-' ness to hold b publican’s license, and such application was refused on June ,2. On or about June 7it was verbally agreed between the parties that l<ow should employ Byrne as manager of the hotel upon the following terms:—(l) That', the defendant should pay the plaintiff £5 per week; (2) that the plaintiff, his wife, and child should live at the notel free 1 of charge; (3) flhat file defendant should pay the plaintiff a bonus of £.'<K) at the end of six months; (4) that such employment should continue for at least six months. One June 9 the plainiiff took up his position in the hotel. . On July 6, without informing'the plaintiff and allegedly in breach of the agreement, the defendant again applied for a certificate of fitness, but such application was again .refuse.!. On July 11 and 18, agreements in writing were signed by the plaintiff and his wife, the defendant, and Robert. Hunt. It was alleged that such agreements did not express the true intention or agreement of the parties, but. were prepared and signed at the instigation cf the defendant merely for the purpose of obtaining tl.e transfer of the license to the plaintiff, but the Licensing Committee refused to consent to r.tich transfer. On or about July 25 the defendant entered into a contract with one Campbell for the sale to h.m of the lease and goodwill of the hotel, and on July 30 notified plaintiff that his services were dispensed with. Plaintiff, therefore, claimed damages. The defendant counter-claimed and set out that on October 19, 1920. tho plaintiff borrowed from the defendant the sum of £lO in cash, and had refused to repay this amount; that on June 12 defendant sold to plaintiff one suit of clothes, J’alue £B, and the plaintiff 'had not paid for same; that plaintiff also owed defendant £6 6s. for boaid nnd residence at the Terminus Hotel from July 30 to 'August 6. The rlefondant, therefore, counter-claimed for £24 14s. The plaintiff called several witnesses, whoso evidence took up nearly the whole of the afternoon. At 5 p.m. the further hearing was adjourned until 2.30 p.m. to-day.