BREACH OF PROMISE

Hokitika Guardian, 19 August 1932, Page 5

BREACH OF PROMISE

£250 DAMAGES AWARDED

(Per Press Association — Copyright.)>

AUCKLAND, August 17.

A claim for £SOO damages for alleged breach of promise of marriage was. brought in the Supreme Court by Elizabeth Kennedy, of Auckland, ■ spinster, aged 34, against William Overall, of Auckland, land agent and bushman, aged 32. Plaintiff alleged that defendant and she had, in 1927 agreed to marry, and that ho had not kept his promise. The defence denied that any definite agreement had been entered into, and contended that if it had been it had bee u cane elded by mutual consent two or three years ago. His Honour said it seemed to him clear that a promise of marriage had been given by defendant, and juc gment must be for plaintiff, lhat was the only conclusion he could come to in view of letters written over a period of years in most affectionate terms, taken in conjuncton with the history of the relations between the parties. His Honour said the question of damages was always difficult in cases of this description. Damages might be given for the wounded feelings of plaintiff. Probably it was a piece of good fortune for tins girl that their relationship had come to an end, but lie was entitled to take hex feelings into account. Evidently she had been som3 hcl P to tlie defendant in the apartment house. His Honour said he had great difficulty in deciding what should bo allowed the girl in the circumstances but he thought if lie awarded her £250 that" should be sufficient. He gave judgment for the plaintiff accordingly with costs.