£25 DAMAGES
j BREAC H OF PROMISE SUIT. ! AUCKLAND, Jan. 24: | A sequel to a broken engagement, in j "iiicii it was stated that the man had | offered the girl £SO if she would re- ! loas e him from the contract, was heard I in the Magistrate's Court, when Mr J. ; W . Poynton, SAL, gave judgment in rbe case in which Doreen Mary Burke, of Onehunga. claimed £25 from Charles Robertson Brown. school teacher. “The defendant.” said the Magistrate, ‘‘was engaged to plaintiff, hut he found that they were unsuited, and asked to be released, offering her £SO in consideration. He says she verbally agreed, but asked him to put the offer in writing. He wrote it out in the , form of a promissory note for £SO. The offer was made in Mav last, but
she wrote declining the oiler, and a skin,r for £25 more. The matter dragged on, but the offer was never revoked or withdrawn.”
The Magistrate said that on August ]2th. Miss Burke wrote accepting the offer of £SO, whereupon defendant offered £-10 down and two instalments of £5 each. She now sued liiin on the original promissory note as for £2s— months’ instalments at £5 each. The defence was that : (1) The offer was not accepted when made, and her declining it ended toe matter, end (2) the claim was not in the form required when a promissory Pole is sued upon. ‘‘l think this is „ case where'Section 92 of the Magistrate's Court Act (the oquitv and good conscience provision) should he applied.’' said the Magistrate. ‘‘He submits that he suggested the paymcnl for a release, and swears there was nothin.!' unworthy in the girl’s conduct that made him desire it. ‘Why. then, does he refuse to pay the amount. ? Probably if she sued him in a higher Court she would got more than the amount he suggested and promised to pay her. lie says it vans her subsequent altitude that caused him to with-hold payment, but that is no excuse.
‘‘.Defendant refers to feeling displayed towards him in plaintiff's correspondence, hit a woman’s feelings to a man who has broken off an ongneemont for no reason but his own desire to tie released nr,, not likely to be cardial. If some temper was shewn i‘
should make him all the more pleased that the a (fair was ended.” Judgment, was given for £25 and
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Hokitika Guardian, 26 January 1927, Page 4
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400£25 DAMAGES Hokitika Guardian, 26 January 1927, Page 4
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