SUPREME COURT.

Hokitika Guardian, 26 June 1925, Page 3

SUPREME COURT.

(Before his Honour Air Justice .Vipers.)

PH I RSDAY. JUNE 25

afternoon sitting. His Honor resumed his seat at 2.5 p.m, WM JEFFRIES V. JOHN CRON. This was a claim hv Wm .Toffries of Hokitika, against John Cron, of Okttru for damages by a breach of contract in regard to the sale of about LIO head of cattle. Mr Thomas (Christchurch) Yvitli AllWhite (Christchurch) appeared for .Mr Jeffries and Air Al.urdoeh with Air Hannan for the defendant.

Nellie Cron deposed she was the wife of Cron John, defendant. She received Jeffries’ letters oT Sept. 16th. and 17th. on Sept. 28th. She had sent a telegram stating delivery- would ho made at Mahitahi not Waiho Gorge, as she had heard her husband slate he would only deliver at Ahihitahi. She had written the letter to Mr Jeffries when her husband was away, hut made

a mistake in signing her husband's name. Thought it was hotter to let Air Jeffries know as he was her husband I ,s agent. Witness was examined

at length in connection with various lelters received and sent between the parties. Slie bad never signed a contract for the sale of stock unless her husband had worded the letter or telegram. She had sent the letters and telegrams, as her husband before going away told her she was to reply to any- correspondence necessary- and she had renlied as she had thought her nusband would have desired. She had replied thinking Air Jeffries was her husband's agent. Witness, was present when Wallace first went to lla.nst. Heard conversation between Wallace and her husband. Heard AVallace say he was buying for himself. Shat he had just- acquired 1500 acres of land at Wanganui with grass over a loot high on it. and that he must get some stock to put on ii and that ho

■■’■anted to Imv 100 bullocks and TO or 50 heifers if he could get them. He .tever mentioned that he was purchasing tor Jellries or Jeffries and Neville. H was at wavs that ho was purchasing for himself. To Air Thomas—Before receiving the letters on 28th. Sept, there was a. gap of about three weeks from the last mail. The letter of August 28th. was received about 711 1 . Sept. Did not agree with Air Jeffries’ letter because Mr Cron laid said he had not stated anv .number, hut all.

Shi' sent the wire slating delivery worn! be made at Maintain because Mm bad heard her husband say,.,l. She had sent the wire on her own thought. She had never sent out letters of tho business ol the farm before vitlmul her husband's authority. If lie said otherwise, he was incorrect. Irene Condon deposed she was the daughter of Mrs Condon, postmistress at Alahitahi. She sometimes assisted in the telephone ttlfu-e. Saw Wallace on Ids way south, lie said lie wa.s having cattle. Alter he had been south and had passed north again there was a ring from Weheka. wanting Cron of Haast. Wallace told hello tell Cron that tattle had gone down 7.-: at \ddington last sale, and that 1,0 would make Cron a .sporting offer of £7 7s (Id for store bullocks and .Co for store hkifers. Told Cron this. Cron said it could go down another 7s Lot he would not come down. Told Wallace this. Wallace then said he UI aid give £7 IDs for UK) head of store bullocks ;md £5 for ID store he iters. Told this to Cron and he said this would not suit at all. as lie may have mere, or less and would not know till ! ; e musiered. That he wanted to sell all the 8 and lyr. olds he had. the number to be ns-ortaim'd on mustering. Mr Wallace agreed to this. A lew minutes later got a ring from Mr Cron asking to bo pur through again to Ml- Wallace and to ask' what the commission wa.s to be. anil it- was agreed In be 2.|,. To Afr Thomas She was related to the Cron’s. She was Mr V too s mei > . ■gi|,, was reiving entirely- on her memory. She had discussed I lie subject with her uncle. Witness stated she ..out a statement of her evidence to AH Murdoch. Before last. Court she had a t vprd .statement of her remarks which she had read and given hack. Air Thomas endeavoured to elicit further information in regard to the manner in which she had remembered the messages eu the telephone which she had transmitted, but without much success. 'Plus concluded the evidence. The Court adjourned at 8.15 1° J- : ‘ ]). 11l . CO EX.SETTS AT) DR ESSES. On the Court resuming at 1.10 p.m.. •Mr Thomas stated that counsel had agreed with a view to shortening the lime of hearing, in view of the limitmi amount available by bis Honor to take the other business on the calendar (as bis Honor bad to leave for Christchurch "ii Saturday morning) that counsel should address the Court briefly on the facts, and tho points of law to lie touched on. and that counsel later submit written arguments to his Honor.

This course being approved. AH I iannan aildressed the Court* toi the defendant, and for the plaintiff AH' Thomas spoke on the facts, and AD' White on the law points to he raised. The addresses of Counsel lasted til! 6 p.m. when the case was concluded. It was agreed that counsel for the defence .should supply their argument . opposing counsel within ten days and the latter ho given a similar time to reply, with seven days for mutual rep|v to points raised, and then submit them to his Honor, who stated before the proceedings were elcse.l that the case was one full of legal difficulties. The Court adjourned till next day at- 0.30 a.m. FRIDAY. JUNE 20th. His Honour took his seat at 0.30 j a.m. JOHNSTON v. FITZSIMMONS. In this ease Thomas Johnstone sued Lillian O. Fitzsimmons, in connection

gith (he lease of the Westland Opera House for cancellation of the leases, leo-al expenses in connection with lease, vaiue of plant lost £l5O and general damages £254; in the alteinativo £IOOO. Defendant counterclaimed for £lls. Air Bark with Air Murdoch appeared for plaintiff and Air Hannan, with Mr McCarthy for defendant. Air Park stated at the end of July Air Johnstone was in Hokitika and heard a picture theatre was for sale. Saw the owner in Greymouth and talked terms. She offered it for sale for £ISOO or subject to £3OO being expended in repairs, on lease at £6 10s per month, with right of purchase. A letter was submitted stating what were the receipts in the past by Air McLean. showing the proposition to he a verv payable one. i Alt' Hannan rose the question that plaintiff must elect which alternative J . he intended to pursue, but His Honour decided to allow the parties to proceed. Evidence was led ns tolhc.i-. t Thomas Johnstone deposed he was a - picture proprietor at Hokitika. He h came, a perfect stranger, from Auek- - land when he met the defendant. He n had to use sticks at that time owing -t to illness. Heard the Westland Opera 3- House was open for sale, by Mrs Fitz1, simmons. Saw her. and she said it II was either to let or for sale. Asked if it was a paying proposition, when

run as a picture business, and she said it paid handsome profits when run by herself, the Labor Baity and Air ArcLean. Inspected the place, and later she offered a lease for live years with a purchasing clause of £209:). witness to spend £IOO on improvements. Asked her wli.-it the takings would lie. She said the takings both of herself, anil Afr AlcLean were that the Tuesday nights' takings would always pay the expenses of Tuesday and Friday, leaving Friday night, takings clear, which would average £ls per night. She said she gave up showing, on account of domestic troubles. That Air AlcLean had tried to swindle her and she had ordered hint out of the theatre. It was then agreed to make an agreement, hut after inspecting tlie building with a carpenter, witness found it would eust £501) to £OO9 to put a respectable front on the building, a new- circle, and the whole of the hoarding on the outside, was more or less rotten. She had stated in the first instance that ihe hoarding was sound and only wanted painting. He then said he would not go on with the deal. At her re- j quest he called again, when she said if he -.pent £3OO on improvements the price would he reduced to £ISOO and if further assistance was required for improvements, would advance up to £i‘,l)o. lie told her he had £909. and she said if he spent that on improving the Opera House, he would increase the profits. She said that in regard to the cottage and corner seeiinn that at any time she would give £709 for them. He agreed then to go on with the deal. Later, when he asked her to lake the cottage and corner section for £709 she ref used to take l hem back. Produced letter of Aug. Ist.. 1921. received after second interview. aUo option and lease. Airs Fitzsimmons repeated the statements in the letter verbally on several occasions. When the lease was received carried out improvements, and the amount in the statement supplieiMar exceeded the amount claimed £709. The repairs were necessary to attract the public. He supplied a list of tho takings since ho had been open. IR made the contract on ihe faith ol what AITs Fitzsimmons had told him. He laid a better equipment and showed heller pictures than ever before. To Air llanuan: lie conic D'"" 1 Auckland in July. Ho had previous picture experience in Auckland district before the war.

Knew there was another picture business in Hokitika and Fitzsimmons had told him that Princess Theatre was ’condemned by the authorities, hut he knew pictures were being shown there. He did not make any enquiries as to Princess Theatre being condemned. Mrs Fitzsimmons ||,e Opera House paid handsome prn-|-,t She did not. slate definitely it had' been closed. Wh"U he inspected the building he did not make any enquiries from AD Lean and eihei-. ie(„use he bclievid Mrs Fitzsimmons s . t wil• -. i.i|<j luiii (lint h!i<* >. • * ‘ nl< ‘ ~,m |.,u, u i t Im* at ii-iulMUt.’ tor tk<* m;ina*xirmeat for McLean and that he oo 10s per night. Knew Ah Lean was running a show there, hut did not interview him as Mrs Fitzsimmons advised him not to let any one know (ill he was ready to hop off. MI » Mini spent in improvements '0 had been paid and there was :o"Ct £.-,!)(> unpaid. Saw Airs Fitzsimmons in Kcbruarv. but did not make any complaint of being taken down Mrs Fitzsimmons advised bint to m i 1 place. She was rather sorry she had M , t„ him. tint Die temptation eel: in*’ a haver bad I too !':-mt-\Y-i.nes- bad offered the place lor *.,1 . off 599 and later redm ed it to el. a, 'lie wi.hdrev Ihe sale olVi-r when he found Die lakiugs ,milling like what he laid been I hey were. I llis «.e as ■' ■_ mil a written statement Horn Me.e a ■ The very evening he gut this _ statement 1,.- wrote , I Dm agent »’ ,« La the property for sale and m ‘ ' withdraw 11. The agent bad «« v.s d ‘v ,;iu " .L. I’laualTadl’c' it? VtU-r of Mrs to tlio -Biink oi I* ltzsiunnon* ‘Hi Tho N. for a. hum ot_£2OoO > ' amount in tho counter c-U,i m £. G for money advanced was correct. ’ there was also rent due |l,. lirv McLean deposed l.e tuts a 1 ‘ tun' proprietor. Han P-mecs ... the Ouera House for about lour ye.m D o ■ , . .. , v .. ( .h. Pollards then ran thuO mils'a week in the Princess Theatre. Now there are six nights in Pnneess Theatre. The average takings per ’ in the Opera House were about L Never fold Mrs Htz5..,M,..i..s t •- Tuesday- would pay ihe expenses ot U - two nights leaving Friday ought tab ■~s idear. Never told her the average takings were £39 to YIO. Ernest llecmm deposed he «•>*_ ’ timber contractor, lie used to visit Mel can’s Pictures in the Opera H«us< ,j u.deed Tuesday nights as poor and Kridav night as good with average lakinos weekly at £2O to £23. Know the takings never averaged £3O to CO. stince Johnstone had taken over Hie Opera House Inis laid improved 0 *" much, one would not know it tor the -■•line'place. Johnstone was showing a perfect picture and conditions were bettor than before. The Kehor al Hymn pictures there for a time in Airs Kitzsiminon’s time, but they were a complete frost. Afalcolni Henry Houston deposed he was a land valuer and anetrmeor. He valued Westland Opera House property ~t i_-SC.fi before Die recent improvements were effected. The theatre has I,eon greatly improved by Johnstone. To Mr Hannan —Had not .gone into ihe question of structural improvements. but roughly e-tirnated thorn at {..-,09 to £O9O. Would not tee I justified in spending £1.200 in improvements. Tffis was th.e ease for the plaintiff. The Court adjourned at 12.15 till ' (To ho Continued.)