The Patent Medicine Case.

Feilding Star, Volume XV, Issue 248, 24 February 1894, Page 2

The Patent Medicine Case.

(FEE FBKSB ASSOCIATION.) Wellington, February 23. Jn the Supreme Court this after- ' noon, the case in which Sister Mary j Joseph Aubert sued Orlando Kemp- ', thornft, of tlio New Zealand Drug Co., for iifiOO damages for breach of cqn- > j tract was ooucluded. The Chief 1 j Justice said the question he had to 1 j consider was whether plaintiff con- " tinued to make medicine in the way 2 in which she had been making it i befoiu. lie thought then* was no l I evidence from which he could conclude j that she did not do thi-i, and ho was ' of opinion that plaintiff was entitled ■ ! to expect defendant would take from 1 I her the 35 gallons in respect of which 1 she now sued him. Defendant must pay damages m respect of 35 gallons * | which he had failed to take between j 1892 and 181>3 and for tho loss which \ plaintiff had sustained by reason of • his not having taken it. In assessing i the amount he was somewhat in the dark, but thought that the plaintiff r would be compensated if he allowed , her £G per gallon on 35 gallons, which 1 would give £.'2lO. Judgment would accordingly be given for that amount 1 with costs, according to scale. As \ regards the counter claim he did not j thTnk defendant had made out his I case. Ho would allow only actual ■ costs.