SUPREME COURT.

Globe, Volume XXIII, Issue 2229, 20 April 1881, Page 3

SUPREME COURT.

CIVIL SITTINGS. Wednesday, Apbil 20. [Before His Honor Mr Justice Johnston and a special jury.] The Court re-oponed at 10 a.m. WILLIS V VINCENT AND OTHBB3. In this case George Willis was plaintiff, and Wm. Vincent, Charles Franklin Todhunter, and Michael Flanagan were defendants. Tho plaintiff sought to recover from the defendants £250 as damages for breach of agreement of lease, in that they did not paint and paper tho Malvern Hotel as provided in tho lease, wherefore the plaintiff sought to have possession of the hotel given to him, and to recover the sum of £250 as mesne profits. Tho defendants pleaded no estate in the plaintiff as a whole, but only in part; that tho defendant having taken rent had waived his claim with respect to the breach. They further pleaded that tho covenants as to painting and papering had been carried out. Mr Joynt for the plaintiff ; Mr Button for tho defendant Flanagan, Mr G. Harper with him; Mr Thomas for the defendants Vincent and Todbunter. Tho case was that tho defendants, Vincent and Todhunter, leased the hotel at Malvern from the plaintiff, and put in the defendant, Michael Flanagan, as their tenant. The covenants of tho lease made were, that certain painting and papering should be carried out. Mr Willis having had a survey made by Mr 8. O. Farr, found that tho covenants of the lease had not been carried out as to the papering and painting. Hence the action was brought for a breach. After the evidence of the plaintiff, George Willis, had been taken, it was agreed by counsel that a special case should bo stated for argument before his Honor in banco, raising tho points of law which had been stated by the counsel. The Court then adjourned till to morrow, when Clark v. Goodman will bo hoard.