CLAIM FOR DAMAGES

Dominion, Volume 20, Issue 52, 25 November 1926, Page 6

CLAIM FOR DAMAGES

DISPUTE OVER SHOP.

Palmerston North, November 24.

Damages amounting to £3OO, were awarded by His Honour Mr. Justice Reed in the Supreme Court this morning to Samuel Kirkland, electrician, formerly of Palmerston North and now of Napier, who proceeded against Trevor Brothers, Ltd., contractors, of Palmerston North, claiming £767 10s. damages for alleged wrongful re-entry and breach of covenant. The dispute concerned a shop m the Square, which had been subdivided into two premises. Upon the expiration cf the lease to one Bradfield of one of the shops, plainti, according to his statement of claim, agreed to give possession of that shop to defendants. Defendants agreed with plaintiff to set off against the rent payable the sum of £3 a week, being the same amount which had been paid by Bradfield to plaintiff. In May, defendants had re entered and taken possession on the ground that default had been made by plaintiff in payment of rent All rent, it was contended, had been satisfied by the arrangement entered into. Defendant stated that plaintiff had failed to comply with the, demands for rent, and as there was still owing the sum of £244 10s. they claimed that amount. t . In summing up, His Honour said ne was satisfied that no rent was owing. He awarded £3OO damages, R ave judgment for the original plaintiff on the counter-claim.