FOXTON BUTCHERY DISPUTE.

Manawatu Herald, Volume XXXIII, Issue 962, 4 March 1911, Page 3

FOXTON BUTCHERY DISPUTE.

O’BRIEN v. REAY

A motion for interim injunction came before his Honour the Chief Justice, Sir Robert Stout, in chambers at the Supreme Court, Wellington, yesterday. The parties in the case were two Foxton butchers, the plaintiff being William O’Brien and the defendant George Reay. Mr W. H. D. Bell appeared for plaintiff, and Mr T, N. Holmden for defendant.

The plaintiff asked for an order restraining the defendant, until the hearing of an action in open court, from carrying on or being concerned or interested in any butchery business within a radius of ten miles, of the borough ot Foxtou upon the grounds (i) that the defendant is now carrying on such a business in breach of the terms of an agreement entered into between the parties on February 26th, 1910 ; (2) that the plaintiff is entitled to such an order as being the only relief in the premises adequate to him. In the course of an affidavit sworn in support of the motion, plaintiff said that he had performed all the terms and conditions of the agreement between himself and defendant, under which the latter sold a butchery business to him and covenadted not to set up in op* position lor at least two years, within a radius of ten miles from the borough of Foxton. The affidavit put in by defen* daut declared that he was not carrying on business in breach of the argreeraent, but was simply employed as manager of his father’s butchery business at Foxton, which he claimed he was fully entitled to do. After hearing legal argument as to the effect of an alteration made in the agreement, his Honour reserved his decision.