The " Pinafore" Caw.

Manawatu Herald, 14 April 1894, Page 2

The " Pinafore" Caw.

. . . <♦— — ■ — r . . . On Thursday the folio si^"sifFj was heard before Mr Bra Mat aT Foxton:— : r^^^t N. Thornton v. Alf. FraseL/^"** Mr Hurley appeared for piatnt^tf/' J and Mr Ray for defendaat.^. This was a case in whiclf :a claim was made for scenery painted for the production of " Pinafore." ;.f A sum of £2 10s bad been .jaid into Court. Nevelle Thornton deposed — I am a scenic artist living at Palraerston ; I saw Mr Fiaser at Foxton and offered him use of scenery for 5 or 6 weeks very reasonable ; that is from middle of December up to January ;

there was no mention made as to using scenery more than once ; letter from Mr Fraser produced ; made an offer of 50s for scenery if it was not used in public and £5 if it was ; a complete " set " of scenery was sent ; I extended the time to February ; I asked for money the night I brought the soenery down ; I put up the f scenery ; the original term of loan of scenery was from middle of Decem-ber-to January ; in consequence of a letter from defendant (not produced) tacitly extended the time ; first asked for return of scenery a week after the first performance ; received a letter enclosing £1 and stating balance would be paid soon. By Mr Ray : Solicited the order for scenery ; saw Mr Fraser ; said had a stock of scenery by me that would do for " Pinafore ;" having it by me I oould let them have it very reasonable ; I stated this at the first interview ; told him they could have scenery for 5 or 6 weeks, and if they used it they were to pay £5, and 50s if only it was used for rehearsals ; Mr Fraser said he would have to lay ft. before the committee ; could not say who was present in the store at McMillan Rhodes & Co., but think one of the firm was ; a final arrangement was come to when I received a letter from Fraser ; this was my only offer, and their letter is their acceptance of (he offer ; had two interviews with Mr Fraser, the second one was when I brought the scenery down ; did' not make any note of my offer, but trusted to my memory ; Mr Fraser's letter fully bore out the offer I had made ; at the first interview my offer was £1 ; brought down afterwards to £6 ; Mr Fraser I do not remember had a second interview'on, the first day ; Fraser did not i^eipe subsequent to first offer and tell me the committee considered £7 was too high ; nor did he say the committee authorised him to give £5 with the right to give 3 or 4 performances ; do not think Mr Rhodes wag present on the second conversation ; he did not immediately accept the offer of 60* on behalf of the committee ; did not offer to get a rebate of a guinea off .the royalty charged for production of the piece ; when offered wenery at £1 did not say I worild jiay freight down and back, but only down; it is not mentioned in the letter; there is nothing mentioned in the 1 letter that they had the right td'give 8 or 4 performances ; swear th.are.^wafi no, .arrangement , made when in" -Foxtbn ; Mr Fra3er had to consult with some, one and was to send me a definite answer ; I am negotiating witjbr: the Pahiatua people for the loaj^fdf^e .soeiYery -^interview inF^J^^ibok^plaeo fafctj=u; end of Nove^^jp;^ promised ,to' let Mr Fraser liniowv'wnen he could" have the soebery after he received his . decision! to take it ; I think 1 went - - into the shop a second time ; I believe j said that if they used the scenery ',B or 4 times between the dates mentioned 1 should not object ; I ir^ibflhey had the scenery as thaty property between the dates and that they could do as they liked ; I did'tiiry amateurs had to pay more r lyaltyliban professionals. Jiy : .Mr tlm'ley— I claim the freight frotti Foxton to Pahnersfconj I am ole&r^they knew I wanted scenery ba(jk. #sL< soon as possible. By S.M. — Reckoned the cost of material and painting of this set at d 825.; .the mention of 50s for use of goejasry, was made in a letter sent (on; 26th Feb.) before the Feilding performance, but after an offer of 20i'Wd been made to purchase it right out. TJus was the case of the plaintiff. Mr' Ray • said the letter of Mr Fraser'a no doubt had created a difntjtilty as J'fc refers to a contract which j me' plaintiff denies existed, bu.fr'tohicbVhe was. prepared to show ; an'a^hority showed that a contract might be partially verbal and par-tially-in writing ; there were two interviews in Foxton ; the first one wft&^that in which Mr Thornton asked ffF and the second when Mr Fmrfei* offered £5, which was agreed to<2rv' ■"" : ' £H£ed Fraser .deposed— The proceofUiof V Pinafore " were to go to the Palmerston Hospital; plaintiff wafe^Mtirtduotd: 'to him by Mr McMillan «t thesfcbref; I was in the ■hop window j I came out and stood talking 1 , ko/plaintiff; he said he had hearcp&d foxton people were going to produce 4 * Pinafore " at an early date, but J: said it •'•would- be some time before we are ready to play;" he said " I have come down to see if J c»aiur«.the use of some soenery ;" t said " we, shall be glad to receive an.^ffer 1 from you;' he said " I bav*a>lot of scenery by me that has peett-'ased by my daughters' company .which has been used in the plajg* #J Bjick '%ed Susan, V and wiffijkjw^jr^rk it i could ; be i. made ■unable for " Pinafore ;" he said it would not pay to let it unler £8 ; I said .4^ wa^_ : nonßenße ; :jhe * reduced the price $7 * I theo-said 1 have ntt* potter *to make any finatoittt arrangements ; I shall have to consult- vdy committee ; he said what am I to do I came down to maketa&angements ; I told him to come in again in the afternoon ; I f/iwglllfofl nnnrtnnif.taa arwl J told plaintiff they thought the price was tooihight all the proceeds would be •wallowed, but they were prepared to \}&f } £B'foi loan of scenery provided tb^r were empowered to give 2or 8 performances with it ; he said

" all right, but suppose you do not use it ?" he had previously told me the Pahiatua people were going to perform fh'st ; I said I suppose you have no objection to our having 2 or 8 performances with it ; he further said "in fact you can have the use of it for 2 or 3 months ;" he was then under the impression the Pahiatua people were going to use it first; I. wanted to know when the scenery could be obtained ; he said we could have it as soon as the Pahiatua people had done with it ; in speaking about the expenses being so high I mentioned the royalty at 8 guinea?, and he laughed and said if you take my scenery I can get you a reduction of £1 ; we agreed to take the scenery ; in my letter I certainly wrote performance and not performances ; I received no reply to my letter but only a verbal message ; the scenery was not complete, hinges, nob of door, and ropes were wanting, which had to be obtained ; the back piece was not complete; in the second interview Mr Rhodes was present; plaintiff did not get any rebate in the royalty ; we have paid the freight to Palmerston ; we have bad the scenery 8 months and have given 8 performances. By Mr Hurley— We made no objection to the incompleteness of the scenery ; I reminded plaintiff portion was wanting by letter; the agreement was for 8 months ; the letter is not correct ; I simply wrote the letter to remind Mr Thornton of the agreement but not to make out one ; the performance took place on the 13th March at Feilding ; I paid the £2 10s into Court as the balance due ; I never wrote a letter consigning the scenery to plaintiff ; (a letter was produced which intimated the scenery would be sent. By S.M. — The performance at Feilding was on the 18th March ; I did not think it was necessary to tell plaintiff we would give a per* formance there. W.B. Rhodes deposed — Was one of the committee of " Pinafore " ; Fraser had told me in the morning that plaintiff had made an offer ; afterwards heard Fraser tell plaintiff he would give him £6 with the right to uee it for 2 or 8 performances ; plaintiff was to deliver it, we were to return it ; it was uncertain when the scenery could be obtained as plaintiff expected Pahiatua would want it first ; remember distinctly Thornton promising to get a reduction in the royalty of 20s or 21s ; it was mentioned we could have 2 or 8 perfonflftpoeaf' <r v ; > ' ■ ■ ,- .• •, - ; »I£y M: Hurley : There was something said about rehearsala ; plaintiff said we could have the scenery 8 or 4 raoiili^;' it was ndt settled when we were "to get scenery; I do not remember when the scenery was first used ; I was only standing by when Mr Fraser made the arrangement. T. P. Williams deposed— l saw plaintiff in Palmerston in December ; I was with Mr Stansell and saw plaintiff in theatre ; asked him if he had received letter from Fraser, as he had had no reply ; Thornton said he believed no reply necessary as he was forwarding scenery according to arrangement raado in Foxton ; speaking about the time of production Mr Thornton said it did not matter as long as it did not interfere with Pahiatua. By Mr Hurley : I am sure that Mr Thornton did not say "in accordance with his letter" ; think the Feilding performance was on the 22nd March ; understood we could take scenery anywhere. J. R. Stansell deposed — Saw plaintiff at Palmerston theatre, and I wanted to know if he was going to carry out the arrangements re " Pinafore " he had made with Fraser and Rhodes ; he said he was, and was going to forward scenery very shortly ; during the conversation the price came v p as £5 being very high and Mr Thornton said it would not be much spread over 2 or 8 performances ; he gave no definite reply however to his promise to get a re duotion in the royalty. By Mr Hurley : Very likely Fraser asked me to go ; Williams and myself were on the committee ; first time heard about royalty was when Thornton offered scenery to Fraser ; were to have 8 or 4 performances ; the scenery was pretty old. Both counsel addressed the Court. The S.M. said he noticed that the bill of particulars did not include the Feilding performance. Mr Ray intimated he was willing to accept a decision on the same at this hearing. The statement of claim was therefore amended. After an adjournment, the S.M. .summed up very fully and allowed for: the use of the scenery at Feilding 80s in excess of the amount paid into Court, (50s) ; cost, 10s ; solicitors fee, 21s.